Abdul Salik and Anr. v. the State of Assam
Case brief
What is this about?
The Gauhati High Court rejected a second bail application by two undertrials charged under the NDPS Act with storing commercial quantity of heroin. The Court held they could not grant bail due to statutory restrictions under section 37 of the NDPS Act and non-compliance with the time limits of section 436A Cr.P.C., despite lengthy custody.
What did the court decide?
Bail application dismissed; petitioners remain in custody.
What the court decided
Page No.# 1/17
GAHC010005232024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./155/2024
ABDUL SALIK AND ANR S/O- LATE FOIZUL ISLAM, VILLAGE- SOUTH KEUTI, P.O. ASHALKANDI, P.S. PATHARKANDI, DISTRICT- KARIMGANJ, ASSAM, INDIA, PIN NO. 788724 2: ABDUL FATTA S/O- LATE FOIZUL ISLAM VILLAGE- SOUTH KEUTI P.O. ASHALKANDI P.S. PATHARKANDI DISTRICT- KARIMGANJ ASSAM INDIA PIN NO. 78872 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
Page No.# 2/17
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 23.02.2024
Issues for consideration
3 issues framed by the court
Whether the strict bar under section 37 of the NDPS Act overrides the general bail provisions of section 439 Cr.P.C. in narcotics cases involving commercial quantity?
Whether the petitioners are entitled to bail after straddle period under section 436A Cr.P.C. having spent 656 days in custody?
Whether the alleged discrepancies in recovery evidence justify finding reasonable grounds to believe the accused is not guilty?
Parties & counsel
- petitioner
Abdul Salik
- petitioner
Abdul Fatta
- respondent
State of Assam
Coram
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · February
- Registered
- Case no.
- Bail Appln./155/2024
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