This bail application was allowed to the accused caught in a NDPS case involving 3 grams of brown sugar. The court held continued detention unwarranted due to pending investigation and low quantity, directing release on a bond of Rs. 25,000 with one surety.
Enlargement on bail on furnishing a bond of Rs. 25,000/- with one surety of the like amount.
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GAHC010003842023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./106/2023
ABUL KALAM AZAD S/O LATE SAFOR ALI R/O VILL-KHELUAWAPARA P.S. JOGIGHOPA DIST. BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR J ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 09-01-2023
Heard Mr. N Ahmed, learned counsel for the accused and also heard Mr. BB Gogoi, learned Addl. PP, appearing for the State respondent.
This application under Section 439 Cr.P.C., is preferred by accused , Abul Kalam Azad, who has been languishing in jail hajot in connection
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with Chapar PS Case No.200/2022, under section 21(a) NDPS Act , since 15.11.2022, for grant of bail.
The said case has been registered on the basis of one FIR lodged by Dwijendra Medhi of Chapar PS on 10.11.2022, to the effect that acting on a tip off, they have apprehended one person, namely Elias Ali and one Sajis Ali and recovered suspected brown sugar weighing 9 gms with 5 numbers of containers and seized the same in presence of witnesses preparing seizure list.
The learned counsel for the accused submits that the accused was arrested on 15.11.2022, and since then, he is behind the bar for the last 56 days and nothing has been recovered from his possession and the quantity of contraband substance recovered from the possession of the co-accused is only 3 gms, which is small quantity and therefore, it is contended to allow this petition.
On the other hand, Mr. Gogoi, learned Addl. PP obtaining instructions from the O.C concerned submits that the IO has not submitted charge sheet here in this case and as per instructions, the quantity of contraband substance recovered from the possession of the accused is only 3 gms.
Having heard the submission of learned Advocate for both the sides, I have carefully gone through the petition and the documents placed on record.
It is not in dispute that the quantity of contraband substance so recovered from the possession of the co accused is 3 gms only and nothing has been recovered from the possession of the present accused and he is behind the bar for the last 56 days and no charge sheet has been submitted till date and in view of the above, his further custodial detention seems to be unwarranted here in this case and accordingly, it is provided that on
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furnishing a bond of Rs.25,000/-, with one surety of the like amount, to the satisfaction of the learned Additional Sessions Judge, NDPS Act, Bilasipara, the accused be enlarged on bail.
In terms of the above, the bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused who has been in custody for 56 days with no charge sheet and negligible contraband quantity.
1 provisions across 1 enactments
Abul Kalam Azad
State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
