Gauhati High Court allowed bail application of Abul Kalam detained under NDPS Act sections 22(c) and 29, releasing him on Rs. 20,000 bond with one surety, noting lack of complicity compared to other accused.
Release on bail of Rs. 20,000 with one surety of like amount to the satisfaction of Special Judge, North Salmara.
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GAHC010004332020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 79/2020
ABUL KALAM
S/O LT. OSMAN ALI, VILL-KAYETHPARA, P.S.-ABHAYAPURI, DISTBONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
17-02-2020
By filing this petition under Section 439 of the CrPC, petitioner Abul Kalam , who is in custody since 28.11.2019, has prayed for release him on bail in connection with Abhayapuri P.S. Case No.769/2019, under Sections 22(c)/29 NDPS Act.
Heard learned counsel for the parties.
The FIR indicates that accused Noor Mohammad alongwith one Rajib Hussain carried the drugs of suspected intoxicated cough syrup in the vehicle of the Noor Mohammad. The said Noor Mahammad divulged the case of the said drugs were sent by the said accused Rajib Hussain. The said Noor Maahammad is already arrested and Rajib Hussain is absconding so far as the present accused
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petitioner, there is no complicity with the offence alleged except some of the witnesses stated that he may some connivance with other accused persons. Otherwise he has been working as a Home guard under the Forest Department.
In view of the length of detention and the nature of offence, the accused person named above is allowed to release on bail of Rs.20,000/- with one surety of like amount, to the satisfaction of learned Special Judge, North Salmara, Abhayapuri.
The bail petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is eligible for bail in connection with NDPS offence sections 22(c) and 29.
2 provisions across 2 enactments
Abul Kalam
The State of Assam represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
