Faijul Haque v. The State of Assam

ORDER Date : 17.05.2024

Heard Mr. N.J.Dutta, learned counsel for the petitioner and Mr. M.Phukan, learned Public Prosecutor for the State respondent.

¶2By filing this petition under Section 439 Cr.P.C., the petitioner, namely, Faijul Haque Page No.# 2/3 has prayed for grant of bail in connection with North Guwahati P.S. Case No.151/2023 under Sections 353/333/307/279/338/34 of the IPC r/w Section 21(c)/29 of the NDPS Act r/w Section 25 (1-A)/27/35 of the Arms Act,1959.

¶3The brief fact of the case is that on 03.12.2023, an FIR has been lodged before the officer-in-charge of Palashbari PS stating inter-alia that on that day in the morning hour at about 8 am an information has been received that commercial quantity of narcotic drugs would be transported from Hajo to Amingaon in a Swift car bearing no. AS-01FQ-8535. Accordingly, the police was in search of the said vehicle. At around 11.15 am, the said vehicle was traced in a petrol pump near Judicial Academy, Amingaon. The police tried to surround the vehicle and while opened the door of the vehicle to catch the driver, at this moment, suddenly, the persons occupied the vehicle started firing from inside the vehicle and the driver of the vehicle in order to escape, drove the vehicle with high speed as a result of which, two police personnel were injured. In order to prevent escape of the vehicle carrying narcotic drugs, one police personnel fired from his service weapon at the tyre of the vehicle. Though the vehicle sped of towards Hajo side, the police team chased the said vehicle. Ultimately after hitting a tempo, the Swift car stopped and the occupants of the vehicle were apprehended. On being searched, one factory made pistol and ammunitions and a black colour bag was found inside the vehicle containing 30 soap boxes having commercial quantity of heroin. Accordingly, a fire arm and narcotic drugs were seized. All the three occupants of the vehicle were shifted to the hospital out of which Salam was declared dead by the doctor. Thereafter, a case was registered vide North Guwahati PS Case No. 151/2023.

¶4It is submitted by the learned counsel for petitioner that the petitioner has no knowledge about the alleged incident. On the date of incident, the petitioner while coming towards Guwahati, saw two co-accused persons surrounded by people and when the petitioner went ahead towards his friend Hiranya Thakuria (co-accused), he was intercepted and arrested by the police. Since, then petitioner has been detained in custody.

¶5In response, learned Public Prosecutor produced the case diary and submits that the petitioner has accompanied the other co-accused in the vehicle from which commercial quantity of heroin was recovered. The FSL report is also received which gave positive test for heroin. Learned PP has further submitted that in connection with the alleged incident, the Page No.# 3/3 statement of three pedestrians were recorded by the Magistrate under Section 164 CrPC. They have confirmed that the persons who occupied the Swift car started firing from inside the vehicle and driver of the vehicle drove the vehicle with high speed and fled away from the scene. The witnesses also stated that from the vehicle , 30 nos. of soap cases were recovered containing white/orange coloured powdery substance. According to learned P.P., as the petitioner is very much involved in trafficking of narcotic drugs, bail may not be considered. Learned PP also pointed out that TIP was conducted by the JMFC, Kamrup in which independent witnesses have identified the accused/petitioner as being the one from whom the contraband, pistol etc. was recovered.

¶7In support of his submission, learned P.P. has placed reliance on the judgment of Hon'ble Supreme Court in the case of State by the Inspector of Police –vs-B.Ramu ( reported in SLP (Crl.) No.8137/2022).

¶8On the submission of learned P.P., the learned counsel for the petitioner has fairly conceded that as commercial quantity of heroin was recovered from the possession of the petitioner and the FSL report also gave positive test for heroin, he has nothing to say regarding release of the petitioner on bail.

¶9Having heard learned counsel for the parties and on perusal of the case diary, this court finds that it is not a fit case to grant the petitioner the privilege of bail.

¶10In view of above, the bail application is rejected.

¶11Send back the case diary. The bail application is disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010289672023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./374/2024 FAIJUL HAQUE S/O ANUWAR HUSSAIN VILL- BOROMBOI P.S.HAJO DIST. KAMRUP ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI