The Gauhati High Court disposed of a bail application in an NDPS case. The court observed that the investigation was nearly complete within the 180-day period and directed the petitioner to file a bail application before the lower court.
Petitioner directed to approach the learned court below with an appropriate bail application.
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GAHC010021802021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./377/2021
MD. MEHEBUB ALOM @ MAVUV ALAM S/O MD. RAHIM UDDIN, VILL-BORBUHA HIRABASTI, P.S.-HOJAI, DISTHOJAI (ASSAM)
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. K A MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 10-03-2021
Heard Mr. KA Mazumder, learned counsel for the accused-petitioner. Also heard Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accusedpetitioner, namely, Md. Mehebub Alom @ Mavuv Alam, in connection with Kampur Police Station Case No. 206/2020, registered under Sections 20(C)/29 of the NDPS Act.
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Perused the case diary produced before this Court, including the FSL report.
The alleged contraband sent for examination in the forensic science laboratory has tested positive for narcotic substance.
On perusal of the materials in the case diary, it appears that the investigation of the case has almost been completed and only charge-sheet is left to be laid. However, there is still time to complete the investigation within the statutory period, i.e., 180 (one hundred eighty) days.
The accused-petitioner has been in custody for 121 (one hundred twenty one) days, as on date.
In view of the above, if so advised, the petitioner shall approach before the learned court below with an appropriate application for bail, which the learned court below shall consider on its own merit.
With the above observations and direction, this petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused-petitioner in a drug-related case under the NDPS Act where investigation is nearly complete.
2 provisions across 2 enactments
MD. MEHEBUB ALOM @ MAUV ALAM
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
