Allowed

Shoyjuddin Ahmed v. the State of Assam

Gauhati HC5 Aug 2023Bail Appln./2619/2023

Case brief

AI extract

What is this about?

Honble Justice Ajit Borthakur granted bail to the accused petitioner in an NDPS case involving recovery of currency notes and a modified vehicle. Considering the 50 days of detention in judicial custody and lack of recovered illegal substances, the court held further detention was not warranted.

What did the court decide?

Petitioner released on bail of Rs. 40,000 with one surety of like amount before the Special Judge (NDPS Act), Kamrup (M).

Shoyjuddin Ahmed Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010165192023

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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./2619/2023

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SHOYJUDDIN AHMED S/O- BILLAL HUSSAIN, R/O- JAMLAI, P.S- NAGARBERA, DIST- KAMRUP, ASSAM, PIN-781127

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VERSUS

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THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MR A K AHMED

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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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Date : 05.08.2023

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Heard Mr. A.K.Azad, learned Counsel for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely,

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Shoyjuddin Ahmed has prayed for grant of bail in connection with Dispur P.S. Case No. 1102/2023 under Sections 27 A/28/29/32 of the NDPS Act.

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

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The accused petitioner has been in judicial custody since 17.06.2023, i.e. for 50 days.

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The case relates to recovery and seizure of Indian Currency Notes and modified vehicle, which was suspected to be used for drug transportation, from the possession of the present accused petitioner and three other co-accused persons.

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On perusal of the case diary, it appears that some cash amount was recovered from the possession of the accused petitioner and three other coaccused persons. It is further noticed that the co-accused persons have been released on bail. There is incriminating material against the accused petitioner subject, of course, to final outcome in investigation.

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Case diary further reveals that though during search, no psychotropic substance was recovered and seized, but there is prima facie indication of accused petitioner’s involvement in drug trafficking.

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In the backdrop of facts and evidence, as emerged from the case diary and considering the length of detention in judicial custody for 50 days, this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 40,000 /- with one surety of like amount to the satisfaction of the learned Special Judge (NDPS Act), Kamrup (M) at Guwahati subject to the following conditions

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i) That the accused petitioner shall cooperate with the Investigating

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Officer as and when required; and

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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 similar offences in future, of which he is accused or suspected of commission.

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Any breach 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

Shoyjuddin Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shoyjuddin Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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