Disposed

Rekibur Rahman v. the State of Assam

Gauhati HC3 Feb 2025Bail Appln./2974/2024

Case brief

AI extract

What is this about?

Bail application under BNSS for an accused detained 182 days in an NDPS case involving suspected Nitrazepam, Tramadol, Alprazolam and Codeine seizures. As no charge-sheet was submitted within the stipulated 180 days, the court granted bail on a bond with one surety.

What did the court decide?

Accused to be enlarged on bail on bail bond of Rs. 1,00,000 with one surety of like amount, satisfaction of Special Judge NDPS Kamrup, Amingaon; CD returned.

Rekibur Rahman Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

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GAHC010201052024

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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./2974/2024

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REKIBUR RAHMAN S/O SULTAN ALI R/O VILL- SANIADI P.S.HAJO DIST. KAMRUP, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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04.02.2025

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Heard Mr. S.M. Abdullah P, learned counsel for the accused and also heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

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2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Rekibur Rahman, who has been languishing in jail hazot since 06.08.2024, in connection with Hajo P.S. Case No.279/2024 under Section 22(c) of the NDPS Act, for grant of bail.

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3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Dimbeswar Patir of Hajo Police Station on 05.08.2024. The allegation against the present accused in the FIR dated 05.08.2024 is that acting on a tip off, on 04.08.2024 search was conducted in the house of the present accused and recovered 6 nos. of strips of tablet containing 50 nos. of tablet each strip suspected to be Nitrazepam, 2(two) nos. of capsule strip containing 36 nos. of capsule suspected to be Tramadol and 2(two) tablet strips suspected to be Alprazolam and seized the same in presence of witnesses and the gross weight with the plastic strip is found to be 253.4 gm and further conducting search in his house 53 nos. of strips of tablet containing 10 tablets each of Nitrazepam, 16 nos. of capsule strip of AADSPA-PRO containing 24 nos. capsule each suspected to be Tramadol and 7 nos. of cough syrup suspected to be Codeine phosphate and seized the same in presence of witnesses.

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4. Mr. Abdullah, learned counsel for the accused submits that the accused was arrested on 06.08.2024 and since then he has been languishing in jail hazot for last 182 days and till date no charge-sheet has been submitted and since the mandatory period of detention is 180 days and since no charge-sheet is submitted till date, the accused is entitled to default bail and therefore, it is contended to allow the petition.

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5. Per contra, Mr. B. Sharma, learned Additional Public Prosecutor, Assam, obtaining instruction from the Investigating Officer, submits that charge-sheet has not yet been submitted due to non-receipt of FSL report from the FSL, Kahilipara.

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6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petitioner and the documents placed on record and also perused the case diary with the assistance of Mr. Sharma, learned Additional P.P.

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7. Since the accused is behind the bar for 182 days and since no charge-sheet is submitted within the stipulated period of 180 days, this Court is inclined to allow this petition. Accordingly, it is provided that on furnishing a bail bond of ` 1,00,000/- with one

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surety of like amount to the satisfaction of the learned Special Judge under NDPS Act, Kamrup, Amingaon, the accused, namely, Rekibur Rahman, shall be enlarged on bail.

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8. In terms of above, this bail application stands disposed of.

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9. CD be returned.

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Sd/- Robin Phukan JUDGE

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Comparing Assistant

Rekibur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rekibur Rahman 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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