Rubiya Begum Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

Rubiya Begum Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Accused/petitioner Rubiya Begum enlarged on bail on furnishing a bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), subject to conditions: (i) she shall make herself available for interrogation by the Investigating Officer as and when required; (ii) she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) she shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission.

Issue for consideration

Whether the petitioner, in custody since 17.03.2025 in Paltanbazar P.S. Case No. 74/2025 (u/s 21(b)/25, NDPS Act, 1985), should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the FSL material is yet to be collected by the Investigating Officer.

Court's answer

Without going into the merits of the case, and considering only the length of detention (about 47 days, giving the Investigating Officer sufficient time for custodial interrogation), the Court found it proper to extend the privilege of bail to the petitioner.

Detailed headnote1 paragraphs

Gauhati High Court (Mitali Thakuria, J.), order dated 02-05-2025 in Bail Appln./946/2025: bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Rubiya Begum, in custody since 17.03.2025 (about 47 days) in Paltanbazar P.S. Case No. 74/2025 u/s 21(b)/25 of the NDPS Act, 1985. The State, through the learned Additional Public Prosecutor, opposed bail alleging sufficient incriminating materials, alleged recovery of contraband from her possession and that she is a habitual offender, while conceding that the FSL was yet to be collected by the Investigating Officer. Without going into the merits and considering only the length of detention, the Court extended the privilege of bail on a bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), subject to conditions of availability for interrogation, no inducement/threat/promise to persons acquainted with the facts, and not leaving the CJM's jurisdiction without prior permission. Bail application disposed of.

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GAHC010064772025

2025:GAU-AS:5406

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./946/2025

RUBIYA BEGUM

W/O- FARIDUL ISLAM, R/O- VILL- 2 NO. WARD, MANGALDOI TOWN P.S. MANGALDOI DIST.DARRANG, ASSAM

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : U U KHAN, MR A AHMED

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

ORDER

Date : 02-05-2025

Heard Mr. U.U. Khan, the learned counsel for the petitioner and also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing on behalf of the State respondent.

2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha

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Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 17.03.2025 in connection with Paltanbazar P.S. Case No. 74/2025 u/s 21(b)/25 of NDPS Act, 1985.

3. Case Diary is received.

4. It is submitted by Mr. Kaushik that FSL is yet to be collected by the Investigating Officer.

5. In this context Mr. Khan, the learned counsel for the petitioner submitted that the petitioner is a lady and she is behind the bars since last 47 days and thus the Investigating Officer has got sufficient time for her custodial interrogation. However, she is ready and willing to cooperate with the Investigating Officer in investigation of this case, if she is released on bail.

6. Mr. Kaushik, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present petitioner and the contraband was also allegedly recovered from her possession and apart from that she is a also a habitual offender. However, it is submitted that the Investigating Officer could not collect the FSL till date.

7. Considering the submissions made by learned counsels for both sides, without going into detail of the merit of the case, only considering the length of detention, I find it proper to extend the privilege of bail to the present petitioner.

8. Accordingly, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Rubiya Begum, be enlarged on bail, subject to the following conditions:-

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(i) that the petitioner shall make herself available for interrogation by the Investigating Officer as and when required;

(ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission.

The Bail Application stands disposed of.

Comparing Assistant