Dismissed

Abdul Karim and 2 Ors. v. the State of Assam

Gauhati HC3 Jun 2022Bail Appln./1085/2022

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a bail application filed by three accused in an NDPS case. The court rejected the argument that a negative forensic report negated guilt due to a conflicting positive report. No case for bail was made out, and the remedy of expeditious trial granted in principle.

What did the court decide?

Bail application dismissed; direction for expeditious trial granted in principle.

Abdul Karim and 2 Ors. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010092122022

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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./1085/2022

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ABDUL KARIM AND 2 ORS

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S/O LATE ABDUL ALI, R/O VILL-KALIBARI, P.S. AND DIST-DIBRUGARH, ASSAM

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2: ARJU ALI S/O LATE TARJU ALI VILL-KALIBARI P.S. AND DIST-DIBRUGARH ASSAM

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3: ROHENA BEGUM W/O TARJU ALI VILL-KALIBARI P.S. AND DIST-DIBRUGARH ASSA

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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. B CHETRI

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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03.06.2022

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Heard Shri B Chetri, learned counsel for the applicants, namely, 1. Abdul Karim; 2. Arju Ali and 3. Rohena Begum, who have filed this bail application under Section 439 of the Cr.PC praying for bail in connection with NDPS Case No. 41/2021 arising out of Dibrugarh PS Case No. 1084/2021 under Sections 22(c)/29(i) of the Narcotic Drugs and Psychotropic Substances (NDPS), pending in the Court of the learned Special Judge, Dibrugarh.

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The applicants were arrested on 03.06.2021.

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Shri Chetri, learned counsel for the applicants has fairly submitted that on an earlier occasion i.e., 30.03.2022, the bail application of the applicants, being BA/452/2022 was rejected. By drawing the attention of this Court to the report of the Forensic Science dated 02.07.2021, the learned counsel for the petitioners has contended that the results of the test were negative for NDPS substance. He, therefore submits that the applicants be released on bail.

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Shri RJ Baruah, learned Addl. PP, Assam, on the other hand, submits that the aforesaid interpretation/version of the applicants is not correct. The learned Addl. PP further submits that the said report dated 02.07.2021 of the Directorate of the Forensic Science cannot be read in isolation with the materials on record which include the statement of a co-accused. Shri Baruah, accordingly submits that there were two exhibits which were collected from the place of recovery. While the first exhibit gave negative test for drugs and NDPS, the second exhibit came positive. The learned Addl. PP, accordingly submits that since one sample has turned out to be positive in the forensic science test, the question of giving the benefit of doubt to the applicants, at this stage, will not arise.

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Page No.# 3/3

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At this stage, Shri Chetri, learned counsel has referred to a judgment in the case of Hussain & Anr. Vs. Union of India i, reported in (2017) 5 SCC 702 in which it has been stated that unnecessary delay in trial may be a reason, either to expedite the investigation or to grant bail.

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In the instant case, it is seen that out of 5 PWs, 4 have already been examined and therefore, it cannot be said there has been undue delay in the trial.

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In that view of the matter, this Court is of the opinion that no case for grant of bail is made out and accordingly, the same is rejected.

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At this stage, Shri Chetri, learned counsel for the applicants prays for a direction for expeditious trial.

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It is needless to say that the trial in question or for that matters, all trials should be conducted as expeditiously as possible.

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The bail application stands dismissed.

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Comparing Assistant

Abdul Karim and 2 Ors. v. the State of Assam

Case brief

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Abdul Karim and 2 Ors. v. the State of Assam

Case brief

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