Allowed

MD Jeherul Haque Alias Jakir v. the State of Assam

Gauhati HC4 Aug 2025Bail Appln./2501/2025

Case brief

AI extract

What is this about?

Petition for restoration of bail cancelled due to default in appearance allowed. The court noted the accused was in judicial custody in another case and held that Section 37 of the NDPS Act does not apply to intermediate quantity cases.

What did the court decide?

Bail granted on bond of Rs. 30,000/- with one surety of like amount, subject to conditions of appearing for trial and not tampering with evidence.

MD Jeherul Haque Alias Jakir Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

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GAHC010170202025

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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./2501/2025

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MD JEHERUL HAQUE ALIAS JAKIR SON OF LATE MD. OMAR ALI R/O BHERAGAON P.S. KALGACHIA DIST. BARPETA, ASSAM

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VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR H P GUWALA, MR. A BORO,S FAZIL Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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05.08.2025

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Heard Mr. H. P. Guwala, 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 483 of BNSS, 2023, the accused-petitioner, namely, Md. Jeherul Haque Alias Jakir, has prayed for grant of bail in connection with Kalgachia P.S. Case No.694/2021 under Section 22(b) of NDPS Act which is stated to be presently at

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the stage of trial before the learned Special Judge, (NDPS), Barpeta in Special (NDPS) Case No. 99/2021 .

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The accused petitioner is aggrieved by an order dated 09.05.2025 passed by the learned Special Judge, (NDPS), Barpeta in Special (NDPS) Case No. 99/2021 whereby due to default in appearance of the present petitioner who was on bail, his bail was cancelled and he remanded to custody.

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Learned counsel for the petitioner has drawn my attention to paragraph 4 of the petition wherein it has been stated inter alia that the accused was in judicial custody in connection with another case being Kalgachia PS Case No. 19/2025 under the NDPS Act and due to the same, he defaulted in appearance.

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Paragraph 3 of the order dated 09.05.2025 also refers about the same by way of submission of the learned defence. Therefore, his contention can be accepted. Learned counsel for the accused has submitted that the accused will abide by any terms and conditions imposed upon him if his bail prayer is accepted.

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I have also heard the learned Additional Public Prosecutor, who submits that the court may consider calling for the scanned copy of the TCR.

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In view of the fact that the accused person was earlier on bail and his case is at the stage of trial and keeping in view the undertaking on his behalf, I deem it fit to allow this bail petition.

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It may be mention herein that the penal provision of the NDPS Act in the instant case pertains to intermediate quantity. Therefore, the rigors of Section 37 of the NDPS Act will not apply.

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In the facts and circumstances, this Court proposes to dispose of this petition.

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Accordingly, it is directed that the accused petitioner, named above, shall be released on bail of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned Special Judge (N.D.P.S. Act), Barpeta subject to the following conditions-

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i) That the accused/petitioner shall be available during the remaining trial;

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ii) That the accused/petitioner shall not indulge in any illegal activities including any consuming or peddling of narcotic drugs.

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iii) That the accused/petitioner shall not hamper or tamper with evidence.

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Violation of any of the bail condition might entail cancellation of the bail.

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Accordingly, the bail application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

MD Jeherul Haque Alias Jakir v. the State of Assam

Case brief

What is this about?

What did the court decide?

MD Jeherul Haque Alias Jakir v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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