Petitioner challenged detention in a special NDPS case. Court refused immediate bail as prosecution evidence remains incomplete, directing the Special Judge to expedite evidence completion to enable a fresh bail application.
Bail refused; petitioner directed to apply again after completion of prosecution evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010137842022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1663/2022
SABEER UDDIN LASKAR @ SABEERUDDIN LASKER SON OF RIAJ UDDIN LASKAR @ RIYAUDDIN LASKER R/O RISA COLONY FRUIT GARDEN, P.S. LAITUMKHRAH SHILLONG, DIST. EAST KHASI HILLS, MEGHALAYA.
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 16.09.2022
Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam.
This is an application under Section 439 of the Code of Criminal Procedure, 1973 for granting bail in connection with the Special NDPS Case No.
Page No.# 2/2
40(H)/2022 arising out of the Lumding GRPS Case No. 17/2022.
This Court had called for the scanned copy of the case records along with the FSL report.
Upon perusal of the FSL report, it appears that the tablets which were allegedly seized from the accused including the petitioner were tested positive for Methamphetamine and the substance also allegedly seized have also tested positive for heroin. It has also been submitted charge-sheet have been submitted and the records reveals that the case has been fixed for consideration of charge. The prosecution witnesses have not yet been examined.
Considering the above, this Court is not inclined to grant the bail in the instant case. However, the petitioner shall is at liberty to file an application seeking bail pursuant to completion of the evidence of the prosecution witness.
The learned counsel for the petitioner have submitted that the petitioner is in custody since 27.02.2022.
Considering the above, the District and Sessions Judge, Hojai, Assam who is also taking up the matter as Special Judge for NDPS matters shall expeditiously complete the evidence of the prosecution side so that the petitioner would be in a position to file an application seeking bail.
The Bail Application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail in the instant special NDPS case can be granted when the prosecution has not yet examined its witnesses.
Whether the petitioner can file a bail application after the completion of prosecution evidence.
1 provisions across 1 enactments
SABEER UDDIN LASKAR @ SABEERUDDIN LASKER
THE STATE OF ASSAM
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
