Md. Abdul Latif v. The State of Assam

ORDER

06.01.2023

Heard Mr. A. Bhattacharyya, learned counsel for the accused and Ms. S.H. Bora, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused, namely, Md. Abdul Latif, who has been languishing in jail hazot in connection with the Special [N] Case No. 29/2022 Page No.# 2/3 [corresponding to Sivasagar PS Case No. 362/2022], under Section 21[b] of the NDPS Act, for granting bail.

¶3The aforementioned case has been registered on the basis of one FIR lodged by SI Nabajyoti Das, on 03.10.2022, to the effect that acting on a tip off they have apprehended 2 persons, namely, Md. Rasidul Islam and Md. Abdul Latif, near the NRL Petrol Pump, near Dikhow Bridge Tiniali at Sivasagar at around 4.45 pm and on conducting search of their, they have recovered one Blue coloured plastic container with powdery substance suspected to be Brown Sugar, weighing 8 grams with plastic container and 1 gram without container.

¶4Mr. Bhattacharyya, learned counsel for the accused submits that the accused persons were arrested on 03.10.2022, and since then they are behind the bar for last 95 days. Further, he has submitted that the quantity of contraband substance allegedly recovered from the possession of the accused is only 1 gram, which is a small quantity and that the IO has completed investigation and submitted charge sheet, being charge sheet No. 337/2022 dated 20.11.2022 and the accused is ready to participate in the trial, and therefore, it is contended to enlarge the present accused on bail.

¶5On the other hand, Ms. Bora, learned Additional Public Prosecutor, submits that the quantity of contraband substance allegedly recovered from the possession of the accused is only 1 gram which is small quantity.

¶6Having heard the submission of learned Advocates for both sides, I have carefully gone through the petition and the materials placed on record and it appears that the accused was arrested on 03.10.2022, and since then he has been languishing in the jail hajot for last 95 days. Further, it appears that the IO has already completed investigation and submitted charge sheet before the Page No.# 3/3 learned court below. It also appears that the quantity of contraband substance, allegedly recovered from the possession of the accused, is only 1 gram, which is less than intermediate quantity.

¶7Considering the period of detention and also considering the nature of accusation and the punishment prescribed for the offence and also considering the submission of learned Advocates for both sides, this Court is of considered opinion that further custodial detention of the accused seems to be not required in the interest of investigation.

¶8Accordingly, it is provided that on furnishing a bond of Rs. 25,000/- only, with one surety of like amount to the satisfaction of the learned Special Judge, NDPS Act, Sivasagar, the accused be enlarged on bail.

¶9In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010002392023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./62/2023 MD. ABDUL LATIF S/O JAINAL UDDIN, R/O DIGHALIA GAON, P.S.-JURIA, DIST-NAGAON VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYYA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN