Single judge order granting bail to an accused charged under Section 21(a) NDPS Act for possession of small quantity of contraband after 55 days of custody.
Accused enlarged on bail by furnishing a bond of Rs. 25,000 with one surety of similar amount to the Special Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010001402023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./16/2023
SAJIS ALI S/O SURAT ZAMAL SK @ AKALU VILL- MOWATARI P.O. AND P.S. CHAPAR DIST. DHUBRI, ASSAM PIN-783371
VERSUS
THE STATE OF ASSAM TO BE RE. BY THE PP, ASSAM
Advocate for the Petitioner : MR R SARKAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 05-01-2023
Heard Ms. M Medhi, learned counsel for the accused and Mr. BB Gogoi, learned Addl. PP, appearing for the State Respondent.
This application under section 439 Cr.P.C., is preferred by the
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accused, namely, Sajis Ali, who is languishing in jail hajot since 11.11.2022, in connection with Chapar Case No.200/2022 subsequently registered as GR Case No.652/2022, under section 21(a) of the NDPS Act, for grant of bail.
The aforementioned case has been registered on the basis of an FIR lodged by one SI. D. Medhi, Chapar PS on 10.11.2022, to the effect that acting on a tip off, he has apprehended one Elias Ali and Sajis Ali with one motorcycle, bearing registration No.AS 19B 5712, Hero Honda Glamour and recovered 5 numbers of small containers with suspected brown sugar and 6 numbers of empty containers and Rs.1,660/- Indian currency and seized the same in presence of witnesses preparing seizure list.
Ms. Medhi, learned counsel for the accused submits that the quantity of contraband substance recovered from the possession of the accused is only 3 gms, as per the seizure list, which is annexed with the petition as Annexure 3 and that some of the co accused have already been enlarged on bail by this Court in BA No.3441/2022, vide order dated 20.12.2022, and the present accused is languishing in jail hajot for the last 55 days and therefore, it is contended to allow this petition.
On the other hand, Mr. Gogoi, learned Addl. PP also submits that the quantity of the contraband substance is only 3 gms which is a small quantity and that the accused is behind the bar for the last 55 days.
Having regard to th e submission of learned Advocates for both the sides, I have perused the petition and the documents placed
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on record and also perused the order dated 20.12.2022, in B.A No.3441/2022, and since then, he has been languishing in jail hajot for the last 55 days.
Further, it appears that the accused was arrested on 11.12.2022, and since then, he has been languishing in jail hajot for the last 55 days and his further custodial detention seems to be unwarranted here in this case.
Accordingly, it is provided that on furnishing a bond of Rs.25,000/- with one surety of the like amount to the satisfaction of the learned Special Judge, Bilasipara, Dhubri, the accused be enlarged on bail.
In terms of above, the bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused is entitled to be enlarged on bail under Section 439 Cr.P.C. having already spent 55 days in judicial custody for a minor quantity of narcotic drugs.
2 provisions across 2 enactments
SAJIS ALI @ AKALU
THE STATE OF ASSAM
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
