This is an order granting bail to an accused arrested under the NDPS Act for detention lasting 54 days, despite no charge sheet being filed and no contraband recovered from his possession alone, subject to a bond and one surety.
Accused shall be enlarged on bail by furnishing a bond of Rs.1,00,000/- with one surety of like amount.
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GAHC010003972023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./98/2023
FARUK AHMED@ABDUL FARUQ S/O- MD. DERAJ ALI, VILL- HATIGAON, SHIJUBARI, P.O AND P.SHATIGAON, PIN- 781038, DIST- KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR D J HALOI
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN
O R D E R
17.01.2023.
Heard Mr. SA Hussain, learned counsel for the accused and also heard Mr. BB Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused, namely, Faruk Ahmed @ Abdul Faruq, who has been
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languishing in jail hazot since 24.11.2022, in connection with the Paltanbazar P.S. Case No.556/2022, registered under Section 21(b)/29 of the NDPS Act, for granting bail.
The aforementioned case has been registered on the basis of an FIR, lodged by SI Simanta Roy on 24.11.2022, to the effect that acting on a tip off, he has apprehended two drug paddlers, namely, Ratnesh Kumar and Manibhusan Kumar on 23.11.2022, at about 9:30 P.M., and recovered 9 packets of suspected heroine enclosed in a soap case, weighing approximately 101 grams, without cover, from the possession of Ratnesh Kumar and Manibhusan Kumar and on their statement, apprehended accused Faruk Ahmed and recovered a sum of Rs.3,70,000/- in cash, which are the proceedings of narcotics trade, preparing seizure list in presence of witnesses.
Mr. SA Hussain, learned counsel for the accused submits that the accused is behind the bar for last 54 days and no contraband substance was recovered from his possession, however cash amount of Rs.3,70,000/- from him and he is ready to cooperate with the investigating agency and as the quantity of contraband substance is of intermediate quantity, the learned counsel for the accused contended to allow the petition, considering the length of detention of the accused in the jail hajoot.
On the other hand, Mr. BB Gogoi, learned Addl. P.P., ssam appearing for the State respondent has confirmed that no charge sheet has been submitted against the accused by the I.O., till date.
Having heard the submissions of learned Advocates of both sides and also considering the fact that the accused is behind the bar for 54 days and that no contraband substance is recovered from his possession and no charge sheet has
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been submitted till date, this Court is inclined to allow this petition. And accordingly, it is provided that on furnishing a bond of Rs.1,00,000/- (Rupees One Lakh) only, with one surety of like amount, to the satisfaction of learned Special Judge, NDPS Act, Kamrup (M) at Guwahati, the accused person, named above shall be enlarged on bail, in connection with the Paltanbazar P.S. Case No.556/2022.
In terms of above this B.A. stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the accused after 54 days of detention in a NDPS charge where no contraband was recovered from his possession and no charge sheet was filed.
2 provisions across 2 enactments
FARUK AHMED@ABDUL FARUQ
THE STATE OF ASSAM
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
