Sahida Begum and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010055482024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./771/2024o SAHIDAoBEGUMoANDoANR.o W/OoZIAURoRAHMAN,oD/OoLT.oABDULoSALAM,oR/OoDHOOLA,oPANIAKHAT,o PSoDHOOLA,oDISToDARRANG,oASSAM 2:oMAMATAoKHATUN oD/OoDILBARoSHEIKH oR/OoSUBHASHoNAGAR oPSoANDoDISToDHUBRIoASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oSoMUNIRo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Dateo:oo20-03-2024 Heard1Mr.1S.1Munir,1learned1counsel1for1the1accused/petitioners.1Also heard 1 Mr. 1 B.B. 1 Gogoi, 1 learned 1 Additional 1 Public 1 Prosecutor 1 for 1 the State/respondent. Page No.# 2/3

¶2This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioners, namely, (i) Sahida Begum and (ii) Mamata Khatun, in connection with Panbazar P.S. Case No. 32/2024, registered under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

¶3The learned counsel for the accused/petitioners has submitted that the quantity of suspected heroin recovered from the possession of the accused/petitioner is about 3.72 grams which is small quantity. Though this case is registered under Section 21(b) of the NDPS Act, as the suspected heroin recovered from the possession of the accused/petitioners is small quantity which falls under Section 21(a) of the NDPS Act, the punishment of the said offence is about 1 (one) year. It is also submitted that the accused/petitioner has been detained in custody for last 32 (thirty two) days. Considering the period of detention as well as the background of the case, the accused/petitioner may be enlarged on bail.

¶4On the other hand, Mr. Gogoi, learned Additional Public Prosecutor for the State has produced the case diary and has submitted that a small quantity of suspected heroin is recovered from the possession of the accused/petitioners.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the relevant documents as available in the record.

¶6In view of the above and considering the length of detention of the accused/petitioners, this Court is of the view that further custodial detention of the accused/petitioners is not necessary for the purpose of investigation of the case.

¶7Accordingly, the accused/petitioners, named above, shall be released on Page No.# 3/3 bail in connection with Panbazar P.S. Case No. 32/2024, registered under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on furnishing bail bond of Rs.30,000/- each with a suitable surety each of the like amount, to the satisfaction of learned CJM, Kamrup

(M), Assam.

¶8The direction for bail is further subject to the conditions that the accused-petitioners:

(a) shall not leave the territorial jurisdiction of learned CJM, Kamrup (M), without prior written permission from him/her;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

¶9In terms of the above, this bail application stands disposed of.

¶10Send back the case diary. JUDGE Comparing Assistant