Garhita Sessions Judge granted bail to the accused-petitioner in a heroin possession case under Section 22(b) of the NDPS Act, pending forensic report and releasing him after 54 days of detention on furnishing a bond.
Petitioner released on bail on bond of Rs.25,000 with two sureties of like amount.
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GAHC010020082021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Bail Appln./306/2021
MD. GIASUDDIN SEIKH S/O MD ABDUL KARIM R/O VILL-BHATI GUTIPARA P.S.-BILASIPARA DIST-DHUBRI ASSAM VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM
-----------Advocate for : MS. A. MEDHI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
15-03-2021
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Md. Giasuddin Seikh, in connection with Panbazar Police Station Case No. 34/2021 , registered under Section 22(b) of the NDPS Act .
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The case diary produced has been perused.
Heard Ms. A. Medhi, learned counsel appearing for the petitioner and Mr. N.K. Kalita, learned Additional Public Prosecutor, appearing for the State.
From the joint possession of the present petitioner and his co-accused, 16.580 grams of suspected heroin was seized. The same was sent for forensic examination and the result is awaited. However, the petitioner has been in custody for 54 days as on date, with effect from the date of forwarding to the Court on 21-01-2021.
Considering the materials on record and the quantum of suspected drugs recorded and the period of detention, the petitioner is granted bail.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with two suitable sureties each of the like amount, to the satisfaction of learned Special Judge (under the NDPS Act), Kamrup (M), Guwahati.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned Special Judge (under the NDPS Act), Kamrup (M), Guwahati, without prior written permission from him;
(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;
(c) shall not, directly or indirectly, make any 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.
(d) shall appear before the learned Special Judge (under the NDPS Act), Kamrup (M), Guwahati, once in a week for six weeks after his release.
In terms of the above, this bail application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to bail in the NDPS case pending forensic results.
2 provisions across 2 enactments
MD. GIASUDDIN SEIKH
THE STATE OF ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
