Shariful Islam @ Rabbul v. The State of Assam

ORDER

08.01.2024

Heard Mr. R. Ali, learned counsel for the accused and Mr. B. Sharma, learned Additional Public Prsecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Shariful Islam @ Rabbul, who has been languishing in jail hazot in connection with the Howly P.S. Case No. 187/2023, under Section 21[b] of the NDPS Act, for granting bail.

¶3The said case has been registered on the basis of an FIR lodged by Page No.# 2/3 one Mintu Kalita, on 05.11.2023. The essence of allegations made in the FIR is that acting on a tip off the informant had intercepted one vehicle, bearing registration No. AS-01-QC-9986, and apprehended two persons namely, Md. Rafikul Islam and Hanif Ali, and recovered one black plastic polythene containing 4 nos. of soap cases, loaded with suspected heroin.

¶4Mr. Ali, learned counsel for the accused submits that the accused was arrested on 08.11.2023, and since then he has been languishing in jail hazot for more than 60 days and till date no charge sheet has been submitted by the IO and as such, he is entitled to default bail.

¶5On the other hand Mr. Sharma, learned Additional Public Prosecutor while not disput the submission of Mr. Ali, learned counsel for the accused, submits that he may be allowed some time to obtain instruction from the IO concerned, as to whether charge sheet has been submitted against the accused or not.

¶6Having heard the submissions of learned counsel for both the parties, I have carefully gone through the records and the documents placed on record.

¶7It appears that the accused was arrested on 08.11.2023, and since then he has been languishing in jail hazot for more than 60 days and till date no charge sheet has been submitted by the IO as submitted by learned counsel for the accused. As the case has been registered under Section 21[b] of the NDPS Act, the mandatory period of detention is 60 days. As such, the accused is entitled to default bail under Section 167[2] Cr.P.C.

¶8Accordingly it is provided that on furnishing a bond of Rs. 50,000/- only with one surety of like amount to the satisfaction of the learned Special Page No.# 3/3 Judge, NDPS Act, Barpeta the accused be enlarge on bail.

¶9In terms of above this BA stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010000292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./51/2024 SHARIFUL ISLAM @ RABBUL S/O- LT. AMIR HUSSAIN, VILL- HAJIPARA, P.O. JASHIHATIPARA, P.S. HOWLY, DIST.- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN