Sapiar Rahman @ Sapiur Rahman and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010092252024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1357/2024o SAPIARoRAHMANo@oSAPIURoRAHMANoANDoANR.o S/OoLT.oSAMSULoHOQUEo VILL-oCHOTOoBASHJANIo P.S.oANDoDIST.oDHUBRI,oASSAMo PIN-783301 2:oSAFIQULoISLAMo@oSAFIKULoISLAM oS/OoKOHILILURoROHMANo VILL-oJOYPUR oROWMARIo P.S.oBAGUANo P.O.oJOYPURoBAZARo DIST.oGOALPARA oASSAMo PIN-78312o VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoZoHUSSAINo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo

16.07.2024 Page No.# 2/3

¶1Heard learned counsel Mr. M. Hoque for the petitioners namely (i) Sapiar rahman @ Sapiur Rahman, and (ii) Safiqul Islam @ Safikul Islam.

¶2This application has been filed by the petitioner under Section 439 of the Cr.PC with prayer for bail as they are behind bars since 19.05.2023 in connection with Special NDPS Case No. 88/2023, registered under Section 22©/29 NDPS Act r/w Section 13 Drugs and Cosmetics Act, 1940 which is pending before the Special Judge, Goalpara.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted on behalf of the petitioners that they are languishing in the jail for 1 year 2 months, and only 6 out of 9 witnesses have been examined. The petitioners are highly prejudiced as their personal liberty is curtailed due to incarceration. The seizure witnesses have not supported the prosecution case and the petitioners are entitled to bail despite embargo under Section 37 of the NDPS Act.

¶5Learned Additional Public Prosecutor has raised objections stating that the petitioners are booked under a serious offence. 720 bottles of phensedyl along with 11520 yaba capsules have been seized in connection with this case.

¶6I have considered the submissions at the Bar with circumspection.

¶7I have considered the submissions of the learned Additional Public Prosecutor that although the seizure witnesses have not supported the Page No.# 3/3 prosecution case, yet the evidences of the Investigating officer will unearth the conduct of the petitioners.

¶8This case is also at the fag end of the trial. At this juncture, it cannot be considered that the personal liberty of the petitioners have been curtailed due to prolonged incarceration. It appears that the trial may be adversely affected and protracted, if the petitioners are admitted to bail.

¶9Considering all aspects and in view of my foregoing discussions, I am constrained to reject the bail petition at this stage.

¶10The Trial Court is directed to expedite the trial for speedy disposal of the case.

JUDGE Comparing Assistant