Solimuddin @ Salimuddin v. The State of Assam

ORDER

25.08.2023

Heard Mr. S. Munir, learned counsel for the accused petitioner. Also heard Page No.# 2/3 Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused petitioner, namely Solimuddin @Salimuddin has prayed for grant of bail in connection with N.D.P.S. Case No.31/2022 arising out of Garchuk P.S. Case No.775/2021 under Section 22(c) of the N.D.P.S. Act pending in the Court of learned Addl. Sessions Judge, F.T.C. No.3, Kamrup(M) at Guwahati. The scanned copy of case record, as called for, is placed before the Court. The case relates to recovery and seizure of 48,000 tablets suspected to be psychotropic substance from the possession of the accused petitioner. The F.S.L. report shows that the sample of the seized tablets gave positive tests for Methamphetamine. It is noticed that the accused petitioner has been in judicial custody since

24.11.2021, that is, for 640 days. Perusal of the case record shows that charge was framed by the learned trial Court under Section 22(c) of the NDPS Act against the accused petitioner vide order, dated 18.08.2022. Thereafter, out of the listed 6(six) prosecution witnesses 3(three) PWs are already examined in the case. This Court is of the opinion that although there is bar under Section 37 of the N.D.P.S. Act in granting bail to accused in matters involving commercial quantity in view of the mandate under Article 21 of the Constitution of India, if the accused petitioner, who is a permanent resident under Gobardhana P.S., District Baksa, is released on bail the remaining part of the trial is unlikely to be hampered. Page No.# 3/3 Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.1,00,000/-(Rupees One Lakh) only with two sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act), Kamrup(M) at Guwahati subject to the following conditions-

i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of;

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to the remaining prosecution witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court; and

iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused of commission. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010104482023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1733/2023 SOLIMUDDIN @ SALIMUDDIN S/O SHER ALI R/O DUMURIGURI P.S. GOBARDHANA DIST. BAKSA (BTAD), ASSAM PRESENTLY RESIDING AT C/O JOHURUDDIN KATAHBARI, P.S. GARCHUK DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR