Rofiqulislam @ Rofikul Islam v. The State of Assam

ORDER

25.01.2024 Heard Mr. I.U. Choudhury, learned counsel for the accused and also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3

¶2This application under Section 439 Cr.P.C. is preferred by accused, namely, Rofiqul Islam @ Rofikul Islam, who has been languishing in jail hazot since 06.12.2023, in connection with Bilasipara P.S. Case No.463/2023, under Section 21(c) of the NDPS Act, for grant of bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by S.I. Debashis Bora on 05.12.2023. The essence of allegation made in the aforesaid FIR is that acting on a tip off they have apprehended one person, namely, Rofiqul Islam on 05.12.2023, at about 6:50 p.m. and recovered three packets of suspected heroin in three soap boxes, weighing 35 gm without the packet.

¶4Mr. Choudhury, learned counsel for the accused submits that the accused was arrested on 06.12.2023, and since then he has been languishing in jail hazot. Referring to the FIR and also to the forwarding report and the order of the learned Court below at page 22 and also to the seizure list at page 27, Mr. Choudhury submits that the quantity of contraband substance recovered from the alleged possession of the accused is of 35 gm only, which is of intermediate quantity, but the I.O. has registered the case under Section 21(c) of the NDPS Act and the case ought to have registered under Section 21(b) of the NDPS Act and that since the quantity of contraband substance, allegedly recovered from the possession of the accused, is of intermediate quantity, the rigors of Section 37 of the NDPS Act will not be applicable in this case and that the accused is a local person and he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam, submits that at this stage the case diary may be called for.

¶6Having heard the submission of learned Advocates of both sides, I have carefully Page No.# 3/3 gone through the petition and the documents placed on record.

¶7Indisputably the quantity of contraband substance allegedly recovered from the possession of the accused is of intermediate quantity and as such the rigors of Section 37 of the NDPS Act will not come into play here in this case. The accused is indisputably behind the bar for last 51 days.

¶8Having regards to the nature and gravity of the offence and balancing the period of detention against the same, this Court is of the view that further custodial detention of the accused may not be required in the interest of investigation and therefore, this Court is inclined to allow this petition.

¶9It is provided that on furnishing a bond of ` 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge (NDPS), Bilasipara, the accused, namely, Rofiqul Islam @ Rofikul Islam, who has been languishing in jail hazot since

06.12.2023, in connection with Bilasipara P.S. Case No.463/2023, under Section 21(c) of the NDPS Act, be enlarged on bail.

¶10In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010014682024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./229/2024 ROFIQULISLAM @ ROFIKUL ISLAM S/O LATE SAJU ALI R/O HAZARIPARA P.S. BILASIPARA DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN