The Gauhati High Court rejected a bail application under Section 439 Cr.P.C. in a case involving commercial quantity of narcotic drugs recovered. The court held the investigation was ongoing and denied bail to enable the investigating officer to complete it.
Prayer for bail rejected; bail application disposed of.
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GAHC010021172022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./279/2022
RAJIB ALI @ MD. ROJIB ALI S/O LATE YUSUF ALI VILL- CHAMATA (MOLLAPARA) P.O. PASCHIM CHAMATA P.S. BELSOR DIST. NALBARI, ASSAM, PIN-781306
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A MOBARAQUE
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-petitioner, namely, Md. Rajib Ali @ Md. Rojib Ali , in connection with Belsor Police Station Case No.396/2021 (G.R. No.2238/21) , registered under Section 21(C) of the NDPS Act.
Heard Mr. A. Mobaraque, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.
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Case diary produced has been perused.
On perusal of the case diary, it is found that the materials suggest involvement of the petitioner with the commission of the alleged offence.
394 bottles of Codeine Phosphate and Chloropheniramine maleate syrup were recovered in connection with this case. The amount of contrabands recovered is of commercial quantity. The accused petitioner has been in custody for 69 days as on date and the investigation is still on and, therefore, to enable the investigating officer to carry out the investigation and complete the same, the prayer for bail is rejected at this stage.
The bail application stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted in a NDPS case involving commercial quantity of contraband at the 69th day of custody.
Whether the investigation is complete and can proceed without the accused released on bail.
2 provisions across 2 enactments
Rajib Ali @ Md. Rojib Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
