Bail application filed under Section 439 Cr.PC. for accused in an NDPS case where contraband was seized only from a co-accused. The court granted bail considering the length of detention and lack of recovery from the petitioner's possession.
Petitioner granted bail on furnishing a bond of Rs. 20,000 with a suitable surety of the like amount.
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GAHC010032922021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./507/2021
MD. MUKTAR ALI S/O MD. SAYED ALI, VILL-KHANIYADI, P.S.-HAJO, KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR S H SIKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 17-03-2021
Heard Mr. SH Sikdar, learned counsel for the petitioner. Also heard Mr. NK Kalita, 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 the accused-petitioner, namely, Md. Muktar Ali, in connection with Jalukbari Police Station Case No. 91/2021, registered under Sections 22(B)/29 of the NDPS Act. Perused the case diary produced before this Court.
On perusal of the materials in the case diary, it is found that the alleged contraband, involved in this case, was seized from the possession of the one Jitu Choudhury, the co-accused. Nothing was recovered from the possession of the present accused-petitioner. The contraband recovered from the possession of the co-accused was 30.78 grams of suspected heroine. In the meantime, the accused-petitioner has been in custody for 52 (fifty two) days, as on date.
Considering the above facts, taken together with the length of detention, the accused-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. 20,000/- with a suitable surety of the like amount to the satisfaction of learned Special Judge under the NDPS Act, Kamrup (Metro).
The direction for bail is further subject to the conditions that the accusedpetitioner:
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Return the case diary.
The petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused-petitioner in a narcotics case where no contraband was recovered from his possession after 52 days of detention.
2 provisions across 2 enactments
Md. Muktar Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
