Nojibul Islam v. The State of Assam

ORDER Date : 12-09-2024 Heard learned counsel Dr. P.P. Medhi for the petitioner Nojibul Islam, who has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Special (Narcotic) Case No. 88(J)/2022 arising out of Jogighopa Police Page No.# 2/2 Station Case No. 100/2022 under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act of 1985 for short), as NBWA has been issued against him by the learned Trial Court.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State. It is submitted that the investigation agency never made any endevour to arrest the petitioner and the petitioner was not aware of this case. Now, when NBWA has been issued against him, the petitioner is apprehending that he will be forwarded to custody.

¶3The allegation against the petitioner is that he was caught cultivating opium in contravention to the Act of 1985.

¶4Learned Additional Public Prosecutor has raised objection stating that the Trial Court Records reveal that opium was cultivated over a plot of land ad measuring 4 Bighas and the petitioner is not entitled to anticipatory bail.

¶5I have considered the submissions at the bar with circumspection. I therefore, deem it proper to direct the petitioner to appear before the learned Trial Court who may consider the petitioner's prayer for bail in accordance with law.

¶6Petition is rejected at this stage.

¶7In terms of the above observation, this Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010087382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1175/2024 NOJIBUL ISLAM S/O ASHAN ALI, VILL.- 159 BIRSING HALONGGAR CHAR (RIVER BLK), PT- II GOALPARA, ASSAM, P.O. AND P.S.- PANCHARATNA, PIN- 783101, DIST.- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Advocate for the Petitioner : MR P P MEDHI, MR G BARGAYARY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND