Allowed

Md. Surab Ali v. the State of Assam

Gauhati HC3 Mar 2021Bail Appln./353/2021

Case brief

AI extract

What is this about?

In this NDPS case involving heroin possession, the Gauhati HC held that further custodial detention beyond 54 days was unnecessary as investigation was nearly complete. The court granted bail subject to a bond of Rs. 20,000 and specific conditions.

What did the court decide?

Accused granted bail on furnishing bail bond of Rs.20,000 with suitable surety subject to conditions including not leaving jurisdiction and not tampering with evidence.

Md. Surab Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010022722021

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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./353/2021

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MD. SURAB ALI

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S/O LATE ALBAKKAR ALI, DULIAPARA, P.S.-DALGAON, DIST-DARRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. M SAIKIA

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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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03-03-2021

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Md. Surab Ali, in connection with Dalgaon Police Station Case No. 21/2021 , (corresponding to GR Case No. 95/2021), registered under Section 21(b) of the NDPS Act . The case diary produced, has been perused.

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Heard Mr. M. Saikia, learned counsel appearing for the accused-petitioner and Ms. S.H. Bora, learned Additional Public Prosecutor, appearing for the State.

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The allegation in the instant case is recovery of 12 grams of suspected heroin from the possession of the accused-petitioner, who is alleged to be a drug paddler. The accusedpetitioner has spent 54 days in custody as on date.

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Page No.# 2/2

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Perusal of the case diary shows that the investigation has almost been completed except collection of FSL report.

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That being so, in the considered view of this Court, further custodial detention of the accused-petitioner, beyond 54 days, is not necessary for the purpose of investigation of this case. That being so, the accused-petitioner is granted bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case, aforementioned, on furnishing bail bond of Rs.20,000/- with a suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate/Special Judge (under the NDPS Act), Darrang, Mangaldai.

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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 learned Chief Judicial Magistrate/Special Judge (under the NDPS Act), Darrang, Mangaldai, without prior written permission from him;

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

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(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. In terms of the above, this bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Md. Surab Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Surab Ali v. the State of Assam

Case brief

What is this about?

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