Disposed

Suhel Ahmed @ Suwail Ahmed v. the State of Assam

Gauhati HC17 Nov 2021Bail Appln./1964/2021

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C. arising from an NDPS Act case, the Gauhati High Court disposed of the application by directing the Public Prosecutor to assist the Special Judge in the pending inquiry as per court directions.

What did the court decide?

Direction to Public Prosecutor to appear before Special Judge regarding bail; bail application disposed of.

Suhel Ahmed @ Suwail Ahmed Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010124052021

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./1964/2021

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SUHEL AHMED @ SUWAIL AHMED SON OF ELIAS ALI R/O VILL AND P.O. UMARPUR P.S. BADARPUR, DIST. KARIMGANJ, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE LD. PP, ASSAM

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Advocate for the Petitioner : MR. S Y AHMED

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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17-11-2021

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This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Suhel Ahmed @ Suwail Ahmed , in connection with Karimganj P.S. Case No.1090/2020 , registered under Sections 22(c)/29 of the NDPS Act .

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Heard Mr. S.Y. Ahmed, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam for the Respondent State.

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Page No.# 2/2

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Scanned copy of the case diary, charge sheet as well as the status report of the case has been received. As per the status report, the proceeding could not be taken up due to non-availability of the Public Prosecutor.

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I have perused the order dated 8.10.2021 passed by this Court, by which order, the Government was desired to appoint a Prosecutor.

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Accordingly, vide order notification dated 20.10.2021, the Judicial Department, Government of Assam, has issued a notification appointing one Shri Kukunda Lal Koiri, as Public Prosecutor for Karimganj District with immediate effect.

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Since the present case is pending in the Court of learned Special Judge under the NDPS Act (Additional Sessions Judge), Karimganj, unless there is a specific order, the Public Prosecutor is unlikely to attend the Court and, therefore, this Court directs the Public Prosecutor, Karimganj to appear before the learned Court of Special Judge (Additional Sessions Judge) in connection with the NDPS case, involved in this application, if an application for bail is filed by the petitioner.

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A copy of the order be furnished by the petitioner to the learned Special Judge (Additional Sessions Judge), Karimganj and also to the aforesaid Public Prosecutor for information and necessary action.

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The bail application stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Suhel Ahmed @ Suwail Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Suhel Ahmed @ Suwail Ahmed 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

Coram

Case details

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