Dismissed

Hafizur Rahman v. the State of Assam

Gauhati HC25 Apr 2023Bail Appln./1020/2023

Case brief

AI extract

What is this about?

The Gauhati High Court heard a bail application by Hafizur Rahman in an NDPS case involving recovery of narcotic substances. The Court, considering the ongoing trial and potential hindrance to proceedings, rejected the bail prayer. It directed the trial court to expedite the trial.

What did the court decide?

Bail application of the accused petitioner stands rejected. Trial court directed to expedite trial.

Hafizur Rahman Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010058712023

¶3

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

¶4

Case No. : Bail Appln./1020/2023

¶5

HAFIZUR RAHMAN S/O ABDUS SALMAN R/O 1 NO. LARACHUKI GAON P.S. MUKALMUA P.O. LARAKUCHI DIST. NALBARI, ASSAM

¶6

VERSUS

¶7

THE STATE OF ASSAM REP. BY THE PP, ASSAM

¶8

Advocate for the Petitioner : MR. K K DEKA

¶9

Advocate for the Respondent : PP, ASSAM

¶10

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

¶11

ORDER

¶12

25.04.2023

¶13

Heard Mr. K.K. Deka, learned counsel appearing for the accused petitioner as well as Mr. R.J. Baruah, learned Addl. P.P., Assam appearing for the State respondent.

¶14

By this petition under Section 439 Cr.P.C., the accused-petitioner, namely

¶15

Page No.# 2/3

¶16

Hafizur Rahman has prayed for grant of bail in connection with NDPS Case No. 199/2022 under Sections 22(c)/29 of the NDPS Act, 1985 arising out of Garchuk P.S. Case No. 165/2022.

¶17

The scanned copy of the case record is placed before the Court.

¶18

The case relates to recovery and seizure of 30,000 bottles of Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus Phensedyl syrup from the joint possession of the accused petitioner and two others.

¶19

It is noticed that the accused petitioner has been in judicial custody since 26.05.2022, that is, for 335 days.

¶20

Perusal of the scanned copy of the case record shows that on 17.11.2022, charges were framed by the learned Special Judge (NDPS Act), Kamrup(M), Guwahati against the accused petitioner and 2(two) others under Sections 22(c)/29 of the NDPS Act. Thereafter, only 2(two) prosecution witnesses out of 7(seven) listed witnesses have been examined by the learned trial Court. Some incriminating materials have come against the accused petitioner in the evidence of the P.Ws so far examined, subject, however, to final outcome in trial of the case.

¶21

This Court is of the opinion that if the liberty of bail is granted to the accused petitioner at the present stage, the ongoing trial of the case is likely to be hampered.

¶22

Therefore, the bail application of the accused petitioner stands rejected.

¶23

As the accused petitioner has been in judicial custody, the learned trial Court is directed to expedite trial of the case.

¶24

Page No.# 3/3

¶25

This disposes of the bail application.

¶26

JUDGE

¶27

Comparing Assistant

Hafizur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Hafizur Rahman 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

Coram

Case details

Similar cases

Rupchan @ Rupchan Ali Vs the State of Assam

Pashan Ali Sheikh @ Pashan Ali Vs the State of Assam

Moinul Hoque Vs the State of Assam

Bani Kanta Chutia Vs the State of Assam

Biplab Das Vs the State of Assam

Nirmal Kalita Vs the State of Assam