Imdadul Hoque @ Emdadul v. The State of Assam

ORDER Date : 14.05.2024

Heard Mr. S.A. Hussain, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Imdadul Hoque @ Emdadul, in connection with Bongaigaon P.S. Case No. 131/2024, registered under Section 21(a)/29 Page No.# 2/3 of NDPS Act, 1985. It is submitted by the learned counsel for the petitioner that small quantity of suspected heroine was recovered from the possession of the petitioner. As per FIR, one plastic container containing suspected heroine weighing about 1.32 gram (with container) was recovered from the possession of the petitioner. It is further submitted that the petitioner has been detained in custody for last 36 days. It is also submitted that regarding the offence under section 21(a) of NDPS Act, the punishment is only for one year. Considering the background of the case as well as the length of detention, bail may be granted to the petitioner. On the other hand, Mr. Baruah, learned Additional Public Prosecutor for the State has produced the case diary without FSL report. It is also stated that small quantity of suspected heroine was recovered from the possession of the petitioner. I have considered the submissions made by the parties. I have also perused case diary. Considering the fact 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 accused-petitioner, named above, shall be released on bail in connection with Bongaigaon P.S. Case No. 131/2024, registered under Section 21(a)/29 of NDPS Act, 1985, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount to the satisfaction of learned Special Judge, Bongaigaon, Assam. The direction for bail is further subject to the conditions that the accused-petitioner: Page No.# 3/3

(a) shall not leave the territorial jurisdiction of learned, Special Judge, Bongaigaon, Assam 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. In terms of the above, this bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010085762024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1232/2024 IMDADUL HOQUE @ EMDADUL S/O- FARJAN ALI, VILL.- MATIA ISLAMPUR, P.S. AZARA, DIST. KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S A HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI