Allowed

Md. Manowar Akand v. the State of Assam

Gauhati HC13 Dec 2022AB/2898/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application under Section 438 Cr.P.C. pending FIR under the NDPS Act. Finding no incriminating material against the applicant and noting his hospitalization at the time of the incident, the Court made an interim bail order absolute.

What did the court decide?

Interim anticipatory bail order dated 28.11.2022 made absolute; case diary returned.

Md. Manowar Akand Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010200672022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2898/2022

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MD. MANOWAR AKAND S/O ABDUL BAREQUE AKAND R/O VILL- HAHCHARA P.S. BAGODI DIST. BARPETA, ASSAM PIN-781311

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MD E AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN

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O R D E R

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13.12.2022.

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Heard Mr. E. Ahmed, learned counsel for the applicant and also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the State respondent.

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Page No.# 2/3

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This application under Section 438 Cr.P.C. is preferred by the applicant, Md. Manowar Akand, who has been apprehending arrest in connection with Badarpur P.S. Case No.160/2022, under Sections 25(C)/25/29 of the NDPS Act.

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The aforesaid application has been registered on the basis of an FIR lodged by S.I., Pranab Mili of Badarpur P.S. on 11.07.2022, to the effect that he has apprehended one Truck, bearing registration No.As-27C-7217, on the National Highway No.37, Malua at around 5:30 AM on 12.07.2022 and found carrying four cartons of Phensedyl cough syrup, total 400 in numbers and 16 cartons of Phensedyl cough syrup, total 1600 in number, and 18 cartons of Phensedyl cough syrup, total 1800 in number in the said Truck and the driver of the said Truck has managed to escape.

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Mr. Ahmed, learned counsel for the applicant submits that this Court was pleased to grant interim protection to the applicant vide order dated 28.11.2022, and pursuant to the said order, he has appeared before the I.O. and his statement is recorded and he has been cooperating with the investigating agency. Mr. Ahmed, learned counsel for the applicant further submits that at the material time of occurrence, the applicant was hospitalized and the driver had carried the contraband substance in the vehicle, without his knowledge and therefore, it is contended to make the interim order dated 28.11.2022, absolute, in the same terms and conditions.

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On the other hand, Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam has produced the case diary before this Court and submits that the materials collected so far in the case diary fails to show complicity of the present applicant with the offence alleged in the FIR. Mr. Gogoi also confirmed that the applicant appeared before the I.O. and his statement was recorded and at the material time of occurrence, the applicant was in the hospital.

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Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam.

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In view of the materials collected so far in the Case Diary, which fails to show complicity of the applicant with the offence alleged, except to show that he is the registered owner of the Truck, and also in view of the submission, advanced by the learned Advocates for both sides, this Court is of the view that custodial interrogation of the applicant seems to be unwarranted here in this case and therefore, this Court is inclined to make the interim order, dated 28.11.2022, absolute in the same terms and conditions.

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In terms of above, this anticipatory bail application stands disposed of. The case diary be returned.

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JUDGE

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Comparing Assistant

Md. Manowar Akand v. the State of Assam

Case brief

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Md. Manowar Akand v. the State of Assam

Case brief

What is this about?

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