Allowed

Rajib Miah v. the State of Assam

Gauhati HC4 May 2023Bail Appln./1041/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the accused petitioner detained in judicial custody for over 180 days in an NDPS case involving YABA tablets. The court held that continued detention was not warranted for investigation purposes following the expiry of the 180-day custody period.

What did the court decide?

Released on bail of Rs. 1,00,000 with two sureties of like amount subject to specified conditions.

Rajib Miah Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010059232023

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

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Case No. : Bail Appln./1041/2023

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RAJIB MIAH S/O RAFIJ MIAH R/O THAKURAR BARI P.S. MANKACHAR DIST. SOUTH SALMARA, 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 S M ABDULLAH P

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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 : 04.05.2023

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Heard Mr. S Rahman, learned counsel for the accused petitioner as well as Mr. RJ Baruah, learned Addl. P.P., Assam for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Rajib Miah , has prayed for grant of bail in connection with Garchuk P.S. Case No.332/2022 under Section

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22 ©/29 of the NDPS Act.

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The case relates to recovery and seizure of 20,000 YABA tablets from the present accused petitioner and one Rakib Ahmed.

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It is noticed that the accused petitioner is in judicial custody for 180 days since 06.11.2022. Mr. RJ Baruah, learned Addl. P.P., Assam for the State respondent has submitted that the I.O. in this case has informed that investigation is not yet completed.

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On perusal of the case diary, it appears that the accused petitioner is in judicial custody for 180 days and investigation also is not yet completed. Therefore, considering the length of detention of the accused petitioner in judicial custody, this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, named above , shall be released on bail of Rs.1, 00,000/- ( One Lakh only) with 2(two) sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act), Assam at Guwahati , subject to the following conditions- :

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(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required;

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(ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court;

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(iii) That the accused petitioner shall refrain from committing any similar offence in future, of which he is suspected of commission;

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(iv) That the accused/petitioner and his sureties shall produce the Voter Identity Card/Passport/Permanent Residential Certificate, whatever is available at the time of submission of the bail bond for satisfaction of the learned Court below regarding their identity and address and then return the same retaining photocopy thereof on record; and

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(v) That out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference.

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Breach of any of the above conditions of bail shall render cancellation of the bail in

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accordance with law.

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This disposes of the bail application.

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Return the case diary.

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JUDGE

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Comparing Assistant

Rajib Miah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rajib Miah v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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