Allowed

Md. Noor Ali @ Nur Ali v. the State of Assam

Gauhati HC13 Jul 2023Bail Appln./1686/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the petitioner in a narcotics case under Section 20(C) NDPS Act, ruling that entitlement to default bail arose after 181 days in custody despite the charge sheet not being filed.

What did the court decide?

Bail granted on furnishing bond of Rs.1,00,000/- with two solvent sureties and compliance of specific conditions regarding investigation attendance.

Md. Noor Ali @ Nur Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010100152023

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./1686/2023

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MD. NOOR ALI @ NUR ALI S/O SURUJ ALI R/O JAMUHANDAL, P.O. PADAMPUKHURI, P.S. HOJAI IN THE DISTRICT OF HOJAI, ASSAM

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR SARFRAZ NAWAZ

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 13.07.2023

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Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned APP appearing for the State.

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The petitioner, who was arrested on 13.01.2023, is seeking bail under section 439 Cr.P.C. in connection with Hojai P.S. Case No. 20/2023, under

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Section 20(C) of the NDPS Act, 1985.

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The learned APP has opposed the prayer for bail on the ground that the quantity of narcotic drugs seized from the petitioner is of commercial quantity.

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Be that as it may, as the petitioner was arrested on 13.01.2023, it appears that as on date the petitioner has spent 181 (one hundred eighty one) days in custody and as per specific instructions received by the learned APP, the charge sheet has not been submitted till date. Therefore, the petitioner is entitled to default bail. Hence, the Court is inclined to grant bail to the petitioner, namely, Md. Noor Ali @ Nur Ali in connection with the aforesaid case on furnishing bail bond of Rs.1,00,000/- with two solvent sureties of like amount to the satisfaction of the learned Special Judge, Hojai. Out of the two sureties

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Bail is granted on the following conditions:

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I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.

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II. The 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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III. The petitioner shall not obstruct the smooth progress of the investigation/trial.

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IV. The petitioner shall not misuse his liberty in any manner.

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V. The petitioner shall appear before the I/O within 15 (fifteen) days from the date of his release and he shall continue to appear once in every month till his appearance is dispensed with or charge-sheet is filed, whichever is earlier.

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This application stands disposed of.

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JUDGE

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Comparing Assistant

Md. Noor Ali @ Nur Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Noor Ali @ Nur Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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