Allowed

Shahanur Islam v. the State of Assam

Gauhati HC7 Oct 2021Bail Appln./2162/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner accused in a drugs case under Section 21(b) of the NDPS Act. The Court held that further custodial detention beyond 57 days was not essential given the length of detention. Bail was granted subject to standard conditions.

What did the court decide?

Released on bail of Rs. 20,000 with two sureties subject to conditions including not leaving jurisdiction and not tampering with evidence.

Shahanur Islam Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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GAHC010136942021

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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./2162/2021

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SHAHANUR ISLAM S/O ABDUL BATEN R/O VILL- GHORAMARA PATHAR, P.O. TUKRAPARA P.S. CHHAYGAON , DIST. KAMRUP (R), ASSAM

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : DR. B AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 07-10-2021

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Heard Mr. AK Azad, learned counsel for the petitioner. Also heard Mr. Bidyut Sarma, 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

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the accused-petitioner, namely, Shahanur Islam, in connection with Chhaygaon Police Station Case No. 919/2021 (GR No. 1875(K)/2021) registered under Section 21(b) of the NDPS Act, 1985.

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The case diary called for has been received and perused. The FSL report has not been received.

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The investigation has not been completed although there is still time to complete the investigation. However, the date on which the statutory period will be over would fall on a holiday. In the meantime, as submitted by the learned counsel for the petitioner, the petitioner has been in custody for 57 (fifty seven) days, as on date.

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Considering the length of detention and the quantum of contraband seized from the possession of the accused-petitioner, this Court is of the view that further custodial of the accused-petitioner, beyond 57 (fifty seven) days, is not considered essential. Therefore, he is granted bail.

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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. 20,000/- with two suitable sureties of the like amount, to the satisfaction of the learned jurisdictional Special Judge, under the NDPS Act.

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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 the learned jurisdictional Special Judge, under the NDPS Act, without prior written permission from him;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case; and

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inducement, 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

Shahanur Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shahanur Islam 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

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