In a bail application regarding possession of Yaba tablets, the court granted bail on Rs. 50,000 considering the negative FSL report which negated the presence of narcotic drugs, deeming further detention unwarranted.
Released on bail of Rs. 50,000 with one surety subject to conditions to cooperate with IO and not tamper with evidence.
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GAHC010135292023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2147/2023
ASHIQUE MONDAL @ LARJU MIAH S/O ABUL KALAM AZAD MANDAL R/O JHAWDANGA MANDALPARA PS MANKACHAR DIST SOUTH SALMARA MANKACHAR ASSAM
VERSUS
THE STATE OF ASSAM REP .BY THE PP, ASSAM
Advocate for the Petitioner : MR. D BORA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
04.08.2023
Heard Mr. D. Bora, learned counsel appearing for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Ashique Mondal @ Larju Miah, has prayed for grant of bail in connection with Mankachar PS Case No. 166/2023 under Section 22(C) of NDPS
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Act.
The case diary, as called for, is placed before the Court.
The case relates to recovery and seizure of 600 numbers of suspected to be Yaba tablets.
It is noticed that the accused petitioner has been in judicial custody since 07.04.2023, that is, for 119 days.
The seizure memo shows, inter alia, that 600 numbers of tablets suspected to be Yaba Tablets were recovered from the possession of the accused petitioner. However, after chemical analysis of sample thereof, the FSL reported that the same gave negative tests for Narcotic Drugs and Psychotropic Substances.
Therefore, this Court is of the considered opinion that further continuation of detention of the accused, in the interest of the ongoing investigation, is not warranted.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge (NDPS Act), Hatsingimari subject to the following conditions-
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such facts to the Police Officer or the Court.
Return the case diary.
This disposes of the bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused in a case under Section 22(C) of NDPS Act considering the negative FSL report.
2 provisions across 2 enactments
Ashique Mondal @ Larju Miah
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
