Dismissed

Md. Astul Hoque v. the State of Assam

Gauhati HC12 Mar 2021Bail Appln./402/2021

Case brief

AI extract

What is this about?

Bail application challenged custody extending over two years in an NDPS case involving commercial quantity of psychotropic substances. Court directed lower court to speed up trial but refused bail at this stage due to evidentiary materials.

What did the court decide?

Directs lower court to proceed with trial; petitioner to renew bail prayer during trial; bail denied in this application.

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

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Page No.# 1/2

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GAHC010007772021

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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./402/2021

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MD. ASTUL HOQUE

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S/O MD. BABUL ALI, R/O VILL-BADUNI AKHIYA, P.S.-MUKALMUA, DISTNALBARI, 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 : MRS K GOSWAMI

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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 : 12-03-2021

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This is an application, filed under Section 439 of the Cr.P.C. seeking bail of the accusedpetitioner, namely, Astul Hoque , in connection with NDPS Case No. 32/2019 registered under Sections 22(C)/29 of NDPS Act.

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Heard Ms. K. Goswami, learned counsel for the petitioner. Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

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Page No.# 2/2

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Perused the case diary produced including the FSL report.

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The FSL report indicates to the effect that Nitrazepam tablets recovered from the possession of the accused petitioner is commercial in quantity.

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Learned counsel for the petitioner submitted that one accused Rehena is the main accused in the instant case and the present petitioner is not involved. However, on examination of the seizure list and other materials in the case diary, it is found that the recovery was made from the possession of the present petitioner. Since the petitioner has been in custody for more than two years, as submitted, and the trial of the case has not commenced as yet, this court is of the view that the learned court below shall take appropriate step for proceeding with the trial of the case as per the procedure taking into account that the accused petitioner is languishing in judicial custody for an inordinate period of time. However, during the course of trial, the petitioner would be at liberty to renew his prayer for bail before the learned court below. However, this court is not inclined to grant bail in view of the materials in the case diary, at this stage.

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The bail application is disposed of.

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JUDGE

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Comparing Assistant

Md. Astul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Astul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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