Allowed

Jillal Ali v. the State of Assam

Gauhati HC4 Jan 2023Bail Appln./4/2023

Case brief

AI extract

What is this about?

The Gauhati High Court considered a bail application filed by an accused under section 21(a) of the NDPS Act. Finding custodial detention unwarranted as the accused was not directly implicated with recovered contraband, the judge granted bail.

What did the court decide?

Accused enlarged on bail on furnishing a bond of Rs.25,000 with a like amount surety to the Special Judge, NDPS, Barpeta.

Jillal Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010000032023

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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./4/2023

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JILLAL ALI S/O SAMAD ALI R/O VILL- SOTHLA P.S. SARTHEBARI DIST. BARPETA, 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 N AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 04-01-2023

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Heard Mr. NJ Dutta, learned counsel for the accused and also heard Ms. S.H. Bora, learned Addl. PP, appearing for the State respondent.

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This application under section 439 Cr.P.C., is preferred by

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accused, Jillal Ali , who has been languishing in jail hajot, in connection with Sarthebari PS Case No.167/2022 under section 21(a) NDPS Act, since 25.12.2022, for grant of bail.

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The said case has been registered on the basis of an FIR lodged by one SI(UB) Mridul Borah on 18.12.2022, to the effect that acting on a tip off, they have apprehended one Nabin Hassan and conduced search in his house and recovered 4 numbers of plastic container with suspected brown sugar, weighing 5 gms and seized the same in presence of witnesses, preparing seizure list.

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Mr. Dutta, learned counsel for the accused submits that the accused is not named in the FIR, but one co accused, namely, Nabin Hassan has implicated him in the offence and that nothing has been recovered from his possession, but admittedly he is an addict and that he is behind the bar for the last 10 days and he is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

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On other hand, Ms. S.H. Bora, learned Addl. PP submits that though nothing has been recovered from the possession of the accused, yet he has been implicated by one co accused, namely, Nabin Hassan and therefore, Ms. Bora opposed the petition.

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Having heard the submission of learned Advocates for both the sides, I have carefully gone through the petition and the documents placed on record. And it appears that that the accused was arrested on 25.12.2022, and since then he has been languishing in jail hajot for the last 10 days. Further it appears that nothing has been recovered from his possession and he has been implicated by

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one co accused, namely, Nabin Hassan.

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Having considered the submissions of learned Advocates for both the sides and also considering the nature and the gravity of the offence and the punishment prescribed for the same, further custodial detention of the accused seems to be unwarranted here in this case. Accordingly, it is provided that the on furnishing a bond of Rs.25,000/with a surety of the like amount to the satisfaction of the learned Special Judge, NDPS, Barpeta, the accused be enlarged on bail.

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In terms of the above, the bail application stands disposed of.

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JUDGE

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Comparing Assistant

Jillal Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jillal Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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