Md. Saiful Islam v. The State of Assam

PageoNo.#o1/2 GAHC010047042024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./672/2024o MD.oSAIFULoISLAMo S/OoMD.oHASENoALIo R/OoVILL-oJUTHANGoBOSTIo P.O.oTINIALIoBAZAR,o P.S.oLANKAo DIST.oHOJAI,oASSAMo PIN-782446 VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoAoAoDEWANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkRk

09.04.2024 o Heard Mr. A.A. Dewan, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor representing the State of Assam. Page No.# 2/2

¶2This is an application under Section 439 of the CrPC in respect of NDPS Case No.23/2022 under Section 21(C) of the NDPS Act (corresponding to Dillai P.S. Case No.63/2021).

¶3Commercial quantity narcotic drugs was found in possession with the petitioner. Presently, he is facing trial. There are 8 witnesses, out of which 2 witnesses have already been examined and 6 are yet to be examined.

¶4Mr. Dewan submits that the petitioner has already completed more than two years in judicial custody and the case before the trial court is still pending.

¶5According to Mr. Dewan, the fundamental right of the petitioner is violated.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7The petitioner is facing trial for possessing commercial quantity of narcotic drugs. Two witnesses are already examined and six are yet to be examined.

¶8This Court is of the opinion that allowing the bail prayer of the petitioner would hamper disposal of the case before the trial court. Therefore, the bail prayer of the petitioner is rejected.

¶9The trial court is directed to expeditiously dispose of the case within next 6 months. The Bail Application is disposed of.

JUDGE Comparing Assistant