Azibur Rahman Alias Azizi @ Ajibur v. the State of Assam
Case brief
What is this about?
Grounds of arrest not informed — Article 22(1)/Article 21 violation — arrest vitiated — Section 47 BNSS / Section 50 Cr.P.C. notice defective — rigour of Section 37 NDPS Act overridden — third bail application under Section 483 BNSS — NDPS Case No. 103/2023 / Pragjyotishpur P.S. Case No. 48/2023 — Section 20(b)(ii)(c) NDPS Act — ganja 22.225 kg, 720 g, 16.525 kg — bail bond Rs. 50,000, two sureties, one government servant — Christie v. Leachinsky distinguished — Madhu Limaye distinguished — Pankaj Bansal prospectivity rejected — Vihaan Kumar followed — Shobharam relied on — prolonged custody over 2 years, 6/19 witnesses — directions to Chief Secretary, Assam — Gauhati High Court — Justice Kaushik Goswami — Bail Application No. 624 of 2025 — Azibur Rahman @ Aziz @ Ajibur v. State of Assam — judgment dated 02.05.2025.
What did the court decide?
Petitioner Azibur Rahman @ Aziz @ Ajibur released on bail in NDPS Case No. 103/2023 on furnishing bail bond of Rs. 50,000/- with two sureties of like amount (one surety to be a government servant) to the satisfaction of the learned Additional Sessions Judge (FTC) No.3, Kamrup (M), Guwahati, subject to conditions: (i) appearance on every date fixed; (ii) no inducement, threat or promise to any person acquainted with the facts; (iii) submission of Aadhar Card and PAN Card before the trial Court; (iv) not leaving the trial Court's jurisdiction without prior permission. Copy of order to be furnished to the Public Prosecutor for forwarding to the State Government.