Md Safikul Islam and Anr v. The State of Assam

ORDER Date : 12-01-2024

¶1Heard Mr. B. Choudhury, learned counsel for the petitioners Md. Safikul Islam and Md. Hayej Uddin@Haj Uddin. Page No.# 2/3

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as they are behind bars since

19.11.2023 in connection with Dillai Police Station Case No. 65/2023 corresponding to G.R. No. 340/2023 under Sections 21(b)/29 of the Narcotic Drugs Psychotropic Substances Act, 1985 (NDPS Act for short).

¶3Heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

¶4The allegation is that the petitioners were apprehended while in possession of 233.03 grams of heroin along with containers.

¶5The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials against the petitioners. The petitioners were caught red handed with the contraband. The case diary has also been forwarded without the FSL report.

¶6I have perused the case diary. I have considered the submissions at the bar with circumspection. The petitioners are behind bars for 55 (fifty five) days. They are booked under Sections 21(b)/29 of the NDPS Act. The case diary reveals that investigation has progressed to a considerable extent. The petitioners are local residents and they have pledged to cooperate with the investigation.

¶7Considering all aspects, petition is allowed.

¶8The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with suitable surety of like amount to the satisfaction of the learned Special Judge, Karbi Anglong under the conditions:

¶1The petitioners shall refrain from such activities with which they are Page No.# 3/3 alleged,

¶2the petitioners shall cooperate with the trial and not tamper with evidence,

¶3the petitioners shall not jump the bail,

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

Bail Application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010000352024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./45/2024 MD SAFIKUL ISLAM AND ANR S/O- LT. BAHAR ALI, R/O- VILL- KURIHAMARI, P.S. MUKALMUWA, DIST.- NALBARI, ASSAM 2: MD. HAYEJ UDDIN @ HAJ UDDIN S/O- LT. MAYEJ ALI R/O- VILL- BHATKHOA DIYA P.S. SUWALKUCHI DISTRICT- KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND