The Gauhati High Court disposed of a bail application filed under Section 439 Cr.P.C. in an NCB case. The counsel for the respondent argued that since a formal complaint had already been filed in a separate NCB case, petitioners should approach the trial court for bail.
Petitioners directed to approach the learned Court below for bail.
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GAHC010103172021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1727/2021
AJAY KUMAR SINGH AND ANR SON OF LATE BASISHT SINGH VILL- NARAYANPUR P.O. NASRATPUR, P.S.SANDESH DIST. ARAH BHOJPUR, BIHAR
2: MOHAMMAD ALAUDDIN SON OF SHEKH TEGAR ALI PERMANENT ADDRESSVILL- LAKHAWA BICHA TOLA P.O. AND P.S. LAHAWA BICHA TOLA DIST. MOTIHARI EAST CHAMPARAN BIHAR
PRESENT ADDRESSRESIDENT OF K.S. PATH KHARDAH NORTH 24 PARGANAS WEST BENGAL PIN-700117 VERSUS
NCB REP. BY SC, NCB
Advocate for the Petitioner : MR. A B SIDDIQUE
Advocate for the Respondent : SC, NCB
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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
01-10-2021
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioners, namely, 1. Ajay Kumar Singh and 2. Mohammad Alauddin, in connection with NCB Case No. 07 of 2021 , registered under Sections 8(c)/20(b) (ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .
Heard Mr. M. Ahmed, learned counsel appearing on behalf of the petitioners and Ms. P. Das, learned counsel, appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, representing the NCB.
It has been submitted by Ms. Das, learned counsel that in the instant case, formal complaint has already been laid in NCB Case No. 24/2021, on 21-092021.
That being so, if so advised, the petitioners may approach the learned Court below with an appropriate application for bail, which the learned Court below shall consider and dispose of on its own merit.
The bail application stands disposed of accordingly.
Comparing Assistant
1 issue framed by the court
Whether bail application under Section 439 Cr.P.C. in connection with NCB Case No. 07 of 2021 can be disposed of while a formal complaint has already been laid in NCB Case No. 24/2021.
1 provisions across 1 enactments
Ajay Kumar Singh And Anr
NCB
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
