Dismissed

Mubasir Iqbal Bahar @ Putul @ Raja v. the State of Assam

Gauhati HC6 Sept 2022Bail Appln./1712/2022

Case brief

AI extract

What is this about?

The Gauhati High Court rejected a bail application filed by an accused in an NDPS case involving recovery of commercial quantities of drugs. The Court held that since the trial is at its fag end and the nature of the offences is serious under the NDPS Act, granting bail may hamper the expeditious completion of the trial.

What did the court decide?

Bail application rejected; Trial Court directed to expedite trial for early disposal.

Mubasir Iqbal Bahar @ Putul @ Raja Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010140632022

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./1712/2022

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MUBASIR IQBAL BAHAR @ PUTUL @ RAJA S/O LATE ABUL KASEM @ KASEM ALI, VILL- TUMUKABON, UNDER MIKIRBHETA P.S. IN THE DISTRICT OF MORIGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, 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 petitioner. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor appearing for the State respondent.

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By this petition under Section 439 Cr.P.C., the petitioner, namely, Mubasir Iqbal Bahar @ Putul @ Raja, has prayed for grant of bail in connection with NDPS Case No. 3/2021 u/s 21(c)/29, 22(c)/29, 22(b)/29, 25 of the NDPS Act arising out of Mikirbheta P.S. Case No. 292/2021.

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Scanned copy of the case record along with the case diary and status report, as

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called for, is received.

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Mr. Z. Kamar, learned senior counsel appearing for the accused petitioner, submits that the accused has been in judicial custody for more than one year two months. Mr. Kamar further submits that eleven prosecution witnesses are already examined in the case, but none of them has implicated him and, as such, for the remaining part of trial, his continuation of detention is, perhaps, not needed.

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Opposing the bail application, Mr. R. J. Baruah, learned Addl. Public Prosecutor, submits that this case is of serious nature as the accused has been facing trial for offences under Sections 21(c)/22(c)/22(b)/25/29 of the NDPS Act and the case is being at its fag end, grant of bail at the present stage may likely to hamper in expeditious completion of trial of the case.

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The case relates to recovery and seizure of NDPS items, i.e., (i) 453 bottles of 100 ml each, containing commercial quantity of Codeine based cough syrup of different brands; (ii) 11232 tablets of 0.67 gram each, containing commercial quantity of Tramadol; (iii) 1290 tablets of Nitrazepum, containing intermediate quantity, which was kept hidden in a secret chamber of the accused petitioner’s residence.

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It is noticed that the accused petitioner is behind the bar since 29.07.2021, on surrender, i.e. for 502 days.

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A perusal of the case record reveals that the case is presently pending for reexamination of the Investigating Officer (PW9) and the evidence of Scientific Officer of the FSL.

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The evidence so far recorded in the case prima facie shows the present accused as the prime accused and he in association with the co-accused persons was running illicit trafficking in drugs for quite some time. The case is at its fag end of trial. Therefore, keeping in consideration of the present status of the case vis-à-vis the rigours of Section 37 of the NDPS Act, this Court is of the opinion that the accused petitioner’s bail application cannot be accepted.

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Accordingly, the bail application stands rejected.

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The learned Trial Court is, however, directed to expedite trial of the case to ensure its early disposal.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Mubasir Iqbal Bahar @ Putul @ Raja v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mubasir Iqbal Bahar @ Putul @ Raja v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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