Nijamuddin Ahmed @ Nizam Uddin v. The State of Assam

ORDER Date : 25 .04. 2024 Heard Mr. N.J. Dutta, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 439 Cr.P.C., filed by the petitioner, namely Nijamuddin Ahmed @ Nizam Uddin, praying for bail who was arrested on 21.02.2024 in connection with Page No.# 2/3 Hatigaon P.S. Case No. 30/2024 (Corresponding to G.R. Case No. 985/2024) under Sections 21(c)/29 of the NDPS Act. The leaned counsel for the petitioner submits that though the case was registered under Section 21(C) of the NDPS Act but as per forwarding report it reveals that 7 numbers of soap cases containing suspected heroin weighing about 284 grams with soap cases and 81 grams without soaps cases inside the vehicle were recovered in which the petitioner was travelling. Learned counsel for the petitioner further submits that 81 grams of heroin falls under intermediate quantity and Section 21(b) is attracted here in this case. Learned counsel for the petitioner also submits that in case of Section 21(b), the mandatory period of detention is 60 days and the petitioner is in judicial custody for last 65 days. And prays that considering the length of detention, bail may be granted to the petitioner. On the other hand, Mr. D.P Goswami, learned Addl. PP has submitted that the quantity of heroin recovered from the possession of the petitioner falls under intermediate quantity. I have considered the submission of the learned counsel for the parties. Considering the background of the case as well as the length of detention of the petitioner, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary for the purpose of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail on furnishing a bail bond of Rs. 1,00,000/- with two suitable sureties of the like amount, to the satisfaction of the learned Special Judge, Kamrup (M), Guwahati. The direction for bail is further subject to the conditions that the accused-petitioner:

(1) shall not leave the territorial jurisdiction of the learned Special Judge, Kamrup (M), Guwahati without prior written permission from him/ her.

(2) shall not hamper with the investigation and tamper with the evidence of the case; and

(3) shall not, directly or indirectly, make any inducement, threat or promise to any person Page No.# 3/3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010082972024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1189/2024 NIJAMUDDIN AHMED @ NIZAM UDDIN S/O LATE MUSLIMUDDIN @ MOSLEM UDDIN, R/O VILL- BANGLAPARA P.O. GOLAPARA, P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM PIN-783392 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI