Jabir Hussain v. The State of Assam

ORDER

22.04.2024 Heard Ms M Devi, learned counsel appearing on behalf of Mr D K Bagchi, learned counsel for the petitioner, Jabir Hussain.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail, as he is behind bars since 06.02.2022, in connection with Special NDPS Case No. 67/2021, arising out of Patharkandi PS Case No. 404/2021, registered under Sections Page No.# 2/3 20(C)/29 of the NDPS Act.

¶3Heard Mr K Baishya, learned Additional Public Prosecutor for the State of Assam.

¶4The allegation is that huge quantity of drugs was being trafficked from the house of one Habibullah. A search operation was conducted by the Investigating team in Habibullah's house. When they knocked at the door, the door was opened by a person, who identified himself as Nasiruddin, but the present petitioner along with four others fled from the house from the other door of Habibullah's house. The Police pursued them but could not apprehend them, but the Police, however, managed to apprehend Nasiruddin. The Police recovered 20,000 WY Tablets, weighing 2.82 kgs, including plastic packets.

¶5The learned counsel for the petitioner has submitted that the co-accused, Nasiruddin and Habibullah have already been enlarged on bail.

¶6The learned Additional Public Prosecutor has raised serious objection stating that the petitioner along with the other accused, who fled the scene were absconding. Charge sheet was submitted and finally the petitioner was arrested and forwarded to custody. The conduct of the petitioner does not entitle him to bail. Moreover, the rigour of Section 37 of the NDPS Act, acts as an embargo.

¶7I have considered the submissions at the Bar with circumspection. I have also scrutinized the Trial Court Record.

¶8Trial has commenced and is progressing at a regular pace. It cannot be said that the Page No.# 3/3 trial has been procrastinated and the petitioner's Right to Liberty has been curtailed due to procrastination of trial by the Court or by the prosecution. It is because of the petitioner's conduct that the trial has protracted. Four witnesses have already been examined. Only seven witnesses are enlisted as prosecution witnesses in the charge sheet. At this juncture, there appears to be no justified ground to grant bail to the petitioner. However, the learned trial Court is directed to expedite the trial for the speedy disposal of the case.

¶9Petition with prayer for bail is rejected at this stage, with a liberty to the petitioner to apply for bail later, if trial is procrastinated any further.

¶10Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010038752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./607/2024 JABIR HUSSAIN SON OF ANSAR ALI, RESIDENT OF VILLAGE- ALAPUR, P.S. PATHARKANDI, DISTRICT- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. D K BAGCHI Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND