This order rejects a pre-arrest bail petition under Section 438 CrPC. The court held that the case involves severe narcotic offences where the petitioner is complicit with another accused, preventing the granting of pre-arrest bail.
The petition seeking pre-arrest bail is rejected as it is not a fit case for such relief.
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GAHC010119002021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2303/2021
SOHRAB ALI S/O LATE JOYNAL ABDDIN R/O VILL- KAWATIKA P.O. AND P.S. BIJNI DIST. CHIRANG, ASSAM, PIN-783390.
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM.
Advocate for the Petitioner : MR S BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
06.12.2021.
By filing this petition under Section 438 of the CrPC, petitioner Sohrab Ali has sought for prearrest bail in connection with the Manikpur P.S. Case No.251/2021, under Sections 379/411/420 of the IPC.
Heard learned counsel for both sides and perused the record and case diary.
The case diary reveals that areca nuts approximately 6864 kgs. was recovered from the house of one Sahadat Ali, which was suspected to be of foreign origin and said Sahadat Ali
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could not explain about possessing such huge amount of areca nut, amounting to Rs.25 lacs. It reflects from the case diary that the present petitioner is fully associated with the other accused Sahadat Ali, who has illegally possessed the areca nut and it further reveals that certain amount of suspected narcotic substance were mixed with areca nuts, which was hazardous to public health and such acts are prohibited as per the Govt. Circular dated 12.01.2021.
Considering the severity of the offence and complicity of the accused/petitioner with the offence alleged, this is not a fit case to grant him the privilege of pre-arrest bail, under Section 438 of the CrPC and accordingly the present petition stands rejected.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail under Section 438 CrPC in a case involving alleged possession of areca nuts mixed with significant quantity of narcotic substances.
2 provisions across 2 enactments
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
