Md. Saiful Haque v. The State of Assam

ORDER

03.05.2024

Heard Mr. A B T Haque, learned counsel appearing for the accused petitioner as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Md. Saiful Haque, has prayed for grant of bail in connection with Sootea P.S. Case No.20/2024 under Sections 21(b)/29 of NDPS Act, registered as Special Page No.# 2/3

(NDPS) Case No. 10/2024. The matter relates to recovery and seizure of 14 grams of heroin from the possession of the accused petitioner which falls under intermediate quantity. It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for more than 60 days wherein the mandatory period of detention of intermediate quantity of narcotic substance is 60 days. Learned counsel for the petitioner, therefore, prays that the petitioner is entitled for default bail. On the other hand, Mr. R. R. Kaushik, learned Additional Public Prosecutor has submitted that charge-sheet has not yet been submitted and the petitioner are in judicial custody for last 60 days. Therefore, the petitioner is entitled for default bail. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- with one surety of the like amount, to the satisfaction of learned Special Judge, Biswanath Chariali. The direction for bail is further subject to the following condition that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of the learned trial court without prior written permission from him/her till disposal of the case.

¶11The learned Special Judge, Biswanath Chariali, is at liberty to impose any other condition(s) as it deems fit and proper at the time of releasing the Page No.# 3/3 accused/petitioner on bail to procure his attendance during trial.

¶12The observation made above, shall confine for the purpose of disposal of this bail application only and shall not in any way affect the proceeding of the trial.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010076262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1114/2024 MD. SAIFUL HAQUE S/O ABDUL MOTIN R/O VIL- PALASANI P.S. SOOTEA DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : A B T HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI