Allowed

Pappul Miah @ Pappu Miah v. the State of Assam

Gauhati HC3 Mar 2021Bail Appln./101/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted default bail to the petitioner, Pappul Miah, in an NDPS case where investigation exceeded the statutory 180-day limit without filing a charge sheet. Bail was granted subject to a bond and standard conditions.

What did the court decide?

Accused-petitioner released on bail on bond of Rs. 25,000/- with two sureties and conditions to not leave jurisdiction, hamper investigation, or tamper with evidence.

Pappul Miah @ Pappu Miah Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010002632021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./101/2021

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PAPPUL MIAH @ PAPPU MIAH

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S/O LATE MAFIAL HOQUE, VILL-2 NO. PUBERGAON, P.O. AND P.S.MANKACHAR, DIST-SOUTH SALMARA MANKACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. M ISLAM

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 03-03-2021

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Heard Mr. M Islam, learned counsel for the accused-petitioner as well as Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accusedpetitioner, namely, Pappul Miah @ Pappu Miah, in connection with Mankachar P.S. Case No. 580/2020 registered under Section 22(c) of the NDPS Act.

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Perused the case diary produced before this Court.

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It has been submitted by Mr. Islam, learned counsel for the petitioner that the accusedpetitioner has been in custody for 189 (one hundred eighty nine) days, as on date.

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Mr. Kalita, learned Additional Public Prosecutor has submitted that investigation of the case has not been completed and charge-sheet has also not been laid.

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The statutory period for completion of investigation for a case of the instant nature is 180 (one hundred eighty) days. Since the investigation has not been completed within the statutory period prescribed therefor, the accused-petitioner is entitled to the grant of default bail. Therefore, granted .

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 25,000/- with two suitable sureties of the like amount, to the satisfaction of learned Special Judge under the NDPS Act, Dhubri.

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The direction for bail is further subject to the conditions that the accused-petitioner:

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(a) shall not leave the territorial jurisdiction of learned Special Judge under the NDPS Act, Dhubri, without prior written permission from him;

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(b) shall hamper with the investigation, or tamper with the evidence of the case; and

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threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Pappul Miah @ Pappu Miah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Pappul Miah @ Pappu Miah v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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