Allowed

Minhaz Mandal v. the State of Assam

Gauhati HC4 May 2023Bail Appln./923/2023

Case brief

AI extract

What is this about?

This is a bail application under Section 439 CrPC regarding a charge under Section 22(c) of the NDPS Act. The High Court allowed bail by an accused in judicial custody for over 327 days, considering substantial witnesses examined and residency, notwithstanding the prohibition in Section 37 of the NDPS Act.

What did the court decide?

Bail granted with a bond of Rs. 1 Lakh and one surety of like amount to the Special Judge (NDPS), Goalpara.

Minhaz Mandal Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010052912023

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./923/2023

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MINHAZ MANDAL

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S/O ABDUL BARI MANDAL R/O VILL. BANGALJHAR P.O. BASHBARI P.S. BAGUAN DIST. GOALPARA ASSAM PIN 783129

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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. A S TAPADER

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 04.05.2023

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Heard Mr. A. S. Tapader, learned counsel appearing for the accused petitioner as well as Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Minhaz Mandal , has prayed for grant of bail in connection with Baguan P.S. Case No. 33/2022 under Section 22(c) of the NDPS Act.

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The scanned copy of the case record, as called for, is placed before the Court.

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The accused petitioner has been in judicial custody since 11.06.2022, i.e. for 327 days.

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The matter relates to recovery and seizure of 2000 nos. of Yaba (wy) tablets (Methamphetamine), weighing 196 grams, from the possession of the FIR named accused petitioner.

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A perusal of the case record reveals that a charge under Section 22(c) of the NDPS Act was framed against the accused on 23.11.2022. Thereafter, the prosecution has examined six witnesses out of listed nine witnesses.

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Having considered that substantial number of material witnesses are already examined and the nature thereof, the accused being a permanent resident under Baguan P.S. and the quantity of contraband seized, this Court is of the considered opinion that the accused may be given the liberty of bail despite the bar under Section 37 of the NDPS Act.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 1 Lakh with one surety of like amount to the satisfaction of the learned Special Judge (NDPS Act), Goalpara subject to the following conditions-

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i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of; 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 Court.

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Breach of any of the above conditions of bail shall render cancellation of the

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bail in accordance with law.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Minhaz Mandal v. the State of Assam

Case brief

What is this about?

What did the court decide?

Minhaz Mandal v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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