Allowed

Ajim Khan v. the State of Assam

Gauhati HC6 Jan 2023Bail Appln./53/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused in a nondescript case involving small quantity of heroin. The court held that further custodial detention was not required after examining the submissions and the period of detention.

What did the court decide?

The accused was enlarged on bail on furnishing a bond of Rs. 25,000/- with one surety of like amount to the Special Judge NDPS.

Ajim Khan Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010000712023

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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./53/2023

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AJIM KHAN S/O- MAJID KHAN, R/O- SILA, P.S AND DIST- BARPETA, ASSAM.

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PRESENTLY RESIDING AT BASISTHA CHARIALI, NOTUN BAZAR, MURGI BAZAR, C/O- NIKEL KALITA

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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 R A AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

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06.01.2023

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Heard Mr. M. Ahmed, learned counsel for the accused and Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent.

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Page No.# 2/3

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This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused, namely, Ajim Khan, who has been languishing in jail hazot since 26.12.2022, in connection with the Basistha P.S. Case No. 1035/2022, under Sections 21[a]/29 of the NDPS Act, for granting bail.

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The aforementioned case has been registered on the basis of one FIR lodged by SI Mukunda Sarmah, on 04.12.2022, to the effect that acting on a tip off they have apprehended 3 persons, namely, Sri Vicky Sonar; Sri Sanjay Kumar Shah; and Sri Dipankar Bhuyan at Kerakuchi, behind the Hockey Stadium and on conducting search, they have recovered suspected heroin, weighing 3.12 grams [without container] and seized the same preparing seizure list in presence of witnesses.

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Mr. Ahmed, learned counsel for the accused submits that nothing has been recovered from the present accused and the quantity of contraband substance recovered from the co-accused is of less than intermediate quantity and the accused is behind the bar for last 11 days, and therefore, it is contended to enlarge the present accused on bail.

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On the other hand, Ms. Bora, learned Additional Public Prosecutor, submits that the contraband substance was recovered from the possession of the 3 accused persons namely, Sri Vicky Sonar; Sri Sanjay Kumar Shah; and Sri Dipankar Bhuyan and the quantity of contraband substance recovered from them was 3.12 grams only, which is less than intermediate quantity.

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Having heard the submission of learned Advocates for both sides, I have carefully gone through the petition and the materials placed on record.

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It appears that the accused was arrested on 26.12.2022, and since then he has been languishing in the jail hajot. Further, it appears that nothing has been recovered from the possession of the present accused. Besides, the quantity of contraband substance recovered from the possession of the co-accused, is admittedly

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Page No.# 3/3

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of small quantity i.e. 3.12 grams.

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Considering above and also the period of detention, and the nature of accusation and the punishment prescribed for the offence and also considering the submission of learned Advocates for both sides, this Court is of considered opinion that further custodial detention of the accused seems to be not required in the interest of investigation.

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Accordingly, it is provided that on furnishing a bond of Rs. 25,000/- only, with one surety of like amount to the satisfaction of the learned Special Judge, NDPS Act, Kamrup [M] at Guwahati, the accused persons are enlarged on bail.

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

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JUDGE

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Comparing Assistant

Ajim Khan v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ajim Khan 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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