Dismissed

Shariful Islam v. the State of Assam

Gauhati HC6 Sept 2022Bail Appln./1537/2022

Case brief

AI extract

What is this about?

This judgment denies bail to the accused petitioner charged with drug offenses under the NDPS Act. The Hon'ble Gauhati High Court held that due to the commercial quantity of seized drugs and stringent pre-conditions under Section 37 of the NDPS Act, the application could not be considered at the trial stage, though the applicant retains the liberty to reapply later.

What did the court decide?

Bail application rejected; liberty to file bail application at an appropriate stage of trial.

Shariful Islam Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010126392022

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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./1537/2022

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SHARIFUL ISLAM

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S/O- LATE SALIM UDDIN SHEIKH, PERMANENT RESIDENT OF VILLDHARAPUR, MAJALE, UNDER AZARA P.S. GUWAHATI, DIST. KAMRUP(M),

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM

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Advocate for the Petitioner : MR Z KAMAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 06.09.2022

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Heard Mr. Z Kamar, learned Senior Counsel for the accused petitioner as well as Mr. RJ Baruah, learned Addl. P.P., Assam for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Shariful Islam has prayed for grant of bail in connection with Special Case No.

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221/2021 under Sections 224/353 of the IPC r/w Section 22 (c) of the NDPS Act arising out of Azara PS Case No. 406/2021.

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Mr. Z Kamar, learned Senior Counsel for the accused petitioner, submits that the accused petitioner has been in judicial custody for more than one year three months despite none of the material five witnesses out of listed ten witnesses have implicated the accused petitioner with the alleged offences. Mr. Kamar further submits that the accused being a resident under Azara PS and as no incriminating evidence has come forth he may be directed to be released on bail.

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Opposing the bail application, Mr. RJ Baruah, learned Additional Public Prosecutor submits that commercial quantity of 16 Kg of Methamphetamine tablet approximately valued at Rs.2 crores was seized from the house of the accused. Therefore, Mr. Borah submits, if liberty of bail is granted to the accused petitioner, the trial of the case may likely to be hampered.

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The FIR reveals the allegation that on 22.06.2021, on receipt of information, the informant along with his staff conducted search in the house of the accused petitioner and recovered 16 Kg of Methamphetamine tablets.

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It is noticed that the accused petitioner has been in judicial custody since 30.06.2021, that is for 433 days.

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The charges under Sections 22 (c) of the NDPS Act and Sections 224/ 353/323 of the IPC were framed against the accused petitioner vide order, dated 28.01.2022. Thereafter, the learned trial court has examined five prosecution witnesses.

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The seizure memo shows that 1,28,000 tablets suspected to be Methamphetamine weighing 16 Kg were recovered and seized from the house of the accused petitioner. On consideration of the prima facie materials on the case record and the case diary, this Court is of the opinion that in view of the stringent pre-conditions for grant of bail, provided in section 37 of the NDPS Act, the accused petitioner’s bail application cannot

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be considered at the present stage of trial.

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Accordingly, the bail application of the accused petitioner stands rejected.

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It is, however, provided that the accused petitioner shall have liberty to file bail application at an appropriate stage of trial of the case.

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It is further provided that the learned trial Court shall make an endeavor to dispose of the case at the earliest in accordance with law.

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The bail applications stands disposed of.

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JUDGE

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Comparing Assistant

Shariful Islam v. the State of Assam

Case brief

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What did the court decide?

Shariful Islam v. the State of Assam

Case brief

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