The Gauhati High Court granted bail to Amir Uddin Ahmed, accused of drug offences under the NDPS Act, after finding investigation nearly complete and no risk of tampering. Bail was conditioned on a bond of Rs. 25,000 with one surety.
The accused to be enlarged on bail on furnishing a bond of Rs. 25,000/- with one surety of like amount.
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GAHC010215672022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2800/2022
AMIR UDDIN AHMED S/O MD. MOHTAJ ALI R/O VILL- NAGAON CHARIALI P.O. AND P.S. BAIHATA CHARIALI DIST. KAMRUP (R), ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR F A LASKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER
17.11.2022
Heard Mr. F.A. Laskar, learned counsel for the accused and Mr. R.J. Barua, learned Addl. P.P. for the State respondent.
This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Amir Uddin Ahmed, who has
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been languishing in jail hazot since 10.10.2022 in connection with the Garchuk P.S. Case No. 301/2022, under Sections 21[a]/29of NDPS Act, for granting bail.
The said case was registered on the basis of an FIR lodged by one SI Pulokesh Kaman on 09.10.2022, to the effect that on receipt of information he along with his staff apprehended one person at Boragaon on service road opposite to timber shop and after conducting search recovered 22 nos. of vials containing powdery substance, suspected to be Heroin weighing 2.64 gms.
Mr. Laskar submits that the accused was arrested on 10.10.2022, and forwarded to the judicial custody and since then he is behind the bar. Mr. Laskar further submits that the quantity of substance allegedly recovered from the possession of the accused is small quantity and the punishment prescribed for the same is 1 year with fine of Rs. 10,000/- and the accused is behind the bar for last 38 days and therefore, it is contended to allow this petition.
On the other hand by producing the case diary before the court Mr. Barua submits that the accused is a paddler of drugs. However, Mr. Barua submits that the material part of the investigation is also almost over and there remain to collect FSL report and to submit charge sheet only.
Having heard the submission of learned counsel for both the parties I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Barua.
It appears that the accused is behind the bar for last 38 days and the material part of the investigation is almost over and as such there is no scope for hampering the investigation or tampering the witnesses.
Considering above and also considering the nature of accusation and punishment prescribed for the same. It is provided that on furnishing a bond of Rs. 25,000/- only, with one surety of like amount to the satisfaction of the
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learned Chief Judicial Magistrate, Kamrup the accused be enlarge on bail.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 CrPC in a case involving offences under Section 21(a) and Section 29 of the NDPS Act.
2 provisions across 2 enactments
AMIR UDDIN AHMED
THE STATE OF ASSAM
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
