In an application under Section 439 Cr.P.C. for bail under the NDPS Act, the High Court directed the accused to approach the Trial Court for bail, permitting the Trial Court to proceed to the charge stage immediately.
Directed accused to approach the learned Court below for bail; ordered Trial Court to proceed to charge and trial stages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010129992021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2037/2021
MD. MAJIBUR RAHMAN SON OF MD. RAIFIAT ALI VILL- JATIYABHANGRA, P.S. BAIHATA CHARIALI DIST. KAMRUP (R), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M GOSWAMI
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
02-11-2021
This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Md. Majibur Rahman , in connection with Baihata Chariali Police Station Case No.226/2021, registered under Sections 8(C)/21(C) of NDPS Act, read with Sections 27(a)(b)(ii) of Drugs and Cosmetic Act, 1940.
Heard Mr. M. Goswami, learned counsel for the petitioner. Also heard Mr. Bankim Sarma, learned Additional Public Prosecutor, Assam for the
Page No.# 2/2
Respondent State.
Scanned copy of the case diary has been received along with the status report.
It appears from the status report that the case has been pending at the stage of furnishing copies to the accused petitioner, meaning thereby that charge has not been considered and trial has not been proceeded with. At the same time, it has been brought to the notice of the Court that the accused petitioner has been in custody for 150 days as on date without there being any trial.
Taking into account such facts, this Court is of the view that the petitioner shall approach the learned Court below with an appropriate application for bail and the learned Court below shall consider the same on its own merit taking into account all relevant factors.
This Court is also of the view that as there is only one accused in the instant case, there is no hindrance for the Court below to proceed to the next stage of the furnishing of the copies and consideration of charge. The learned Trial Court shall also consider holding of the trial of the case on a day to day basis, as required under Section 309 of the Code of Criminal Procedure.
With the above observations and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused-petitioner shall be granted bail given the case is pending at the stage of furnishing copies after 150 days of custody.
4 provisions across 3 enactments
Md. Majibur Rahman
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
