Allowed

Abu Taher v. the State of Assam

Gauhati HC11 Aug 2023Bail Appln./2454/2023

Case brief

AI extract

What is this about?

This judgment grants bail to Abu Taher in a narcotics case under Sections 21(b) and 29 of the NDPS Act. The court consid ered the length of detention and released him on Rs. 50,000 bail with one surety of like amount subject to standard conditions.

What did the court decide?

Accused petitioner released on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the Special Judge (NDPS Act), Bongaigaon.

Abu Taher Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010152112023

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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./2454/2023

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ABU TAHER S/O TARAF ALI VILL- BALABHITA P.S. BARPETA ROAD, 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. R ALI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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11.08.2023

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Heard Mr. H.A. Ahmed, learned counsel for the accused petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused petitioner, namely Abu Taher has prayed for grant of bail in connection with Manikpur P.S. Case No.110/2023 under Sections 21(b)/29 of the NDPS Act.

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The case diary, as called for, is placed before the Court.

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The FIR reveals the allegation that on 14.06.2023, 27.05 grams of suspected heroin (with containers) was recovered and seized by police from one Nur Ahmed, which he stated to have purchased from the accused petitioner. On search being made in the house of the accused petitioner 11.71 grams of suspected heroin(with containers) were recovered and seized.

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It is noticed that the accused petitioner has been in judicial custody since 15.06.2023, that is, for 58 days.

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Perusal of the case diary reveals prima facie incriminating material against the accused petitioner. However, considering the length of detention only, this Court is of the opinion that his further continuation of detention in the interest of the ongoing investigation may not be required.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount to the satisfaction of the learned Special Judge (NDPS Act), Bongaigaon subject to the following conditions-

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i) That the accused petitioner shall cooperate with the Investigating Officer as and when required;

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ii) That the accused 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 the Police Officer or the Court; and

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iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused.

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Breach of any of the above conditions shall render cancellation of the bail in accordance with law.

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Return the case diary.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Abu Taher v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abu Taher v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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