Mamtul Ali and 3 Ors v. The State of Assam

ORDER

18.04.2024

Heard Ms. T. Som, learned counsel appearing for the accused petitioners as well as Ms. A. Begum, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioners, namely, (i) Mamtul Ali (ii) Md. Safiqul Ali (iii) Md. Aynul Hoque and (iv) Raju Ali, have prayed for grant of bail in connection with STF P.S. Case No.17/2023 under Sections 18(b)(c)(25)/29 of NDPS Act. It is submitted by the learned counsel for the petitioners that the petitioners are detained in judicial custody for last 162 days since their arrest i.e. on

08.11.2023. She further submitted that they are no way connected with the alleged offence as per FIR. Learned counsel for the petitioner submitted that substantial part of investigation is completed as the contraband has already been recovered and prayed that considering the length of detention bail may be granted to the petitioners. Ms. A. Begum, learned Additional Public Prosecutor has submitted that on perusal of the case diary it appears that Mamtul Ali was called on that day by other three accused to Amingaon point and other three accused persons came from Manipur in the said vehicle along with the contraband. So, considering the length of detention, bail may be granted to Mr. Mamtul Ali. It is further submitted by Ms. Begum, that the main accused i.e. Aitul Ali has already been arrested in connection Page No.# 3/3 with this case. I have considered the submission of the learned counsel for both the parties. I have also perused the case diary. It reveals from the case diary that the driver Mamtul Ali is the elder brother of the main accused Aitul Ali, who is the financer of illegal trading of Narcotic substances. Though, he was earlier absconding but subsequently, he was arrested by police. It also appears from the case diary that all the four accused persons were travelling in the alleged vehicle from which commercial quantity of ganja was recovered. Accordingly, prayer for bail is rejected at this stage. Send back the case diary. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010008692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./150/2024 MAMTUL ALI AND 3 ORS S/O SAHANUR ALI VILL- UDIANA BALAGAON P.S. RANGIA DIST. KAMRUP 2: MD. SAFIQUL ALI S/O MD. ISLAM ALI VILL- ISLAMPUR RAGIA P.S. RANGIA DIST. KAMRUP 3: MD. AYNUL HOQUE S/O MR. FAZIR ALIR/O BALA BANGAON P.S. RANGIA DIST. KAMRUP 4: RAJU ALI S/O MAHTAB ALI R/O VILL- GHOPLA P.S. KAMALPUR DIST. KAMRU VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI