Nazrul Islam v. The State of Assam

ORDER Date : 11-03-2024 Heard Mr. HR Choudhury, learned counsel for the petitioner as well as Mr. MP Goswami, learned APP for the State.

¶2The application under section 439 Cr.P.C. is filed by the petitioner Page No.# 2/4 seeking bail in connection with Special NDPS case no.80/2023 (arising out of Nilambazar PS case no.125/2023) under section 22(c)/25/29 of the NDPS Act, pending in the Court of Addl. Session Judge, Karimganj.

¶3It is submitted by the learned counsel for the petitioner that the petitioner is suffering from permanent disability on right lower limbs. He is no way connected with the alleged offence leveled up in the FIR. As he is suffering from motor neuron disease, as such he could not walk properly. So there is no question of accompanying the other accused at the relevant point of time from whom the contraband items were recovered.

¶4It is further submitted that no any narcotic substances were recovered from the possession of the present petitioner. From the FIR and seizure list, it reveals that the police recovered the narcotic substances from the ground. The petitioner is a physically challenged person for which he could not move properly and at the time of apprehending the other accused, the police found him nearby to the offender and he was arrested purely on suspicion.

¶5It is further submitted that the accused petitioner has been detained in custody for last one year. In view of the health condition of the petitioner, the learned counsel prays that the accused petitioner be released on bail in any condition.

¶6Per contra, the learned APP submits that commercial quantity of narcotic substances were recovered from the possession of the present petitioner and the other co-accused. The seizure list also has supported the fact. Page No.# 3/4 The medical report as called for from the jail hospital, Karimganj states that currently the accused petitioner is undergoing conservative treatment at Karimganj district jail and has partially recovered.

¶7According to the learned APP, as the petitioner was advised to take treatment at Gauhati Medical College and Hospital, the jail authority may take steps for treatment of the present petitioner at GMCH. However, the petitioner may not be released on bail at this stage of trial.

¶8I have considered the submissions of the learned counsel of the parties. I have also perused the medical report of Medical and Health Officer, District Jail, Karimganj which reveals that the accused petitioner is suffering from motor neuron disease (pheripheral neuropathy). He had undergone treatment at Silchar Medical College and Hospital. He was advised for further treatment at Neurology Department at GMCH. Currently, he is undergoing conservative treatment at Karimganj District jail and has partially recovered.

¶9One discharge certificate of SMCH is available in the record which reveals that the petitioner was admitted to SMCH on 11.09.2023 and discharged on 19.09.2023. On examination, of the accused petitioner, it was diagnosed as pheripheral neuropathy (motor neuron disease). The doctor prescribed some medicine and injection to the petitioner and physiotherapy was done. The petitioner was advised to attend the Department of Neurology, GMCH.

¶10Under such backdrop, the Superintendent District Jail, Karimganj is directed to provide proper treatment to the accused petitioner inside the jail and Page No.# 4/4 on requirement, he is also directed to make arrangement to send the accused petitioner to attend Neurology Department, GMCH.

¶11However, the bail application is rejected and disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010033282024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./489/2024 NAZRUL ISLAM S/O ABDUL RAHMAN VILL- BRAHMANSHASAN P.S. NILAMBAZAR DIST.KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI