GaHC dismissed a bail application under Section 439 Cr.P.C. for two accused charged with possessing commercial quantity of heroin/morphine under the NDPS Act. The court rejected the bail prayer.
Prayer for bail under Section 439 Cr.P.C. stands rejected; the bail application is disposed of.
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GAHC010019312022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./246/2022
MD. SHAHIDUL ISLAM AND ANR S/O NAZIMUDDIN R/O VILL- HOWLY P.S. HOWLY DIST. BARPETA, ASSAM
2: MD. ROKIBUL ISLAM S/O MD. ABDUL SALAM R/O VILL- HOWLY NAGARJAR, P.S. HOWLY DIST. BARPETA, ASSAM
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S A AHMED
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
03-03-2022
This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioners, namely, 1)Md. Shahidul Islam, and 2) Md. Rokibul Islam , in connection with NDPS Case No.15/2021 arising out of Ghograpar Police Station Case No.229/2021 registered under Section 22(C)/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
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Heard Mr. S.A. Ahmed, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam for the State Respondent.
Perused the scanned copy of the case diary along with the copy of the deposition of one of the witnesses already examined.
The accused petitioners have been charged for commission of offence under Section 22(C) of NDPS for possessing commercial quantity of contraband i.e. 1.058 kgs of suspected heroin, which is, however, found to be Morphine while examined by the Forensic Science Laboratory.
Considering the nature of the offence alleged and the stage of the trial of the case, this Court is not inclined to grant bail to the petitioners at this stage and, therefore, the prayer stands rejected.
The bail application stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused-petitioners for the offence of possessing commercial quantity of narcotics under Section 22(C) of the NDPS Act, 1985.
2 provisions across 2 enactments
MD. SHAHIDUL ISLAM AND ANR
STATE OF ASSAM
HITESH KUMAR SARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
