Allowed

Khurshed Alom v. the State of Assam

Gauhati HC9 Jan 2023Bail Appln./67/2023

Case brief

AI extract

What is this about?

This bail application under Section 439 Cr.P.C. was allowed for an accused detained for 56 days in a 21(a) NDPS Act case involving a small quantity (3 grams) of brown sugar recovered from a co-accused. With no charge sheet filed and nothing recovered from the applicant, the court granted bail.

What did the court decide?

Enlargement on bail on furnishing a bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the Additional Sessions Judge, NDPS Act, Bilasipara.

Khurshed Alom Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010002262023

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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./67/2023

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KHURSHED ALOM S/O MD. ABDUL KADER VILL- ROWMARI PT.I P.O. CHAPAR, P.S. CHAPAR DIST. DHUBRI, 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 : 09-01-2023

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Heard Mr. N Ahmed, learned counsel for the accused and also heard Mr. BB Gogoi, learned Addl. PP, appearing for the State respondent.

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This application under Section 439 Cr.P.C., is preferred by accused , Khurshed Alom, who has been languishing in jail hajot in

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connection with Chapar PS Case No.200/2022, under section 21(a) NDPS Act , since 15.11.2022, for grant of bail.

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The said case has been registered on the basis of one FIR lodged by Dwijendra Medhi of Chapar PS on 10.11.2022, to the effect that acting on a tip off, they have apprehended one person, namely Elias Ali and one Sajis Ali and recovered suspected brown sugar weighing 9 gms, with 5 numbers of containers and seized the same in presence of witnesses preparing seizure list.

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The learned counsel for the accused submits that the accused was arrested on 15.11.2022, and since then, he is behind the bar for the last 56 days and nothing has been recovered from his possession and the quantity of contraband substance recovered from the possession of the coaccused is 3 gms, which is small quantity and therefore, it is contended to allow this petition.

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On the other hand, Mr. Gogoi, learned Addl. PP obtaining instructions from the O.C concerned P.S submits that the IO has not submitted charge sheet here in this case and as per instructions, the quantity of contraband substance recovered from the possession of the accused is only 3 gms.

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

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It is not in dispute that the quantity of contraband substance, so recovered from the possession of the co accused is 3 gms only, and nothing has been recovered from the possession of the present accused. He is behind the bar for the last 56 days and no charge sheet has been submitted till date. And in view of the above, his further custodial detention seems to be unwarranted here in this case and accordingly, it is provided

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that on furnishing a bond of Rs.25,000/-, with one surety of the like amount, to the satisfaction of the learned Additional Sessions Judge, NDPS Act, Bilasipara, 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

Khurshed Alom v. the State of Assam

Case brief

What is this about?

What did the court decide?

Khurshed Alom v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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