Jamal Uddin v. The State of Assam

Page No.# 1/3 GAHC010117502023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1910/2023 JAMAL UDDIN S/O-LT. SHUKUR ALI, VILL-ABRARBHITA, P.S. BOGUAN, DIST.- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MS B GOGOI Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

30/06/2023 Heard Ms. B Gogoi, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. The petitioner, namely, Jamal Uddin, has filed this application under Section 438 Cr.P.C. seeking pre-arrest bail apprehending his arrest in Special (Narcotic) Case No. 46(J)/2023 arising Page No.# 2/3 out of Jogighopa P.S. Case No. 80/2023 presently pending before the Court of learned Special Judge (NDPS), North Salmara, Abhayapuri under Section 18(b) of NDPS Act. It is contended by the petitioner that he is no way connected with the case. Perused the relevant records which reveal that on a specific information that in Uchunga Char, some people were cultivating poppy and following the procedure, police personnel from Jogighopa Police Station along with the Revenue Personnel proceeded to the said Uchunga Char to take necessary legal action in the matter. It is seen that initially in the land measuring 2 Kathas 12 Lechas at Dag No. 181 and Patta No. 54, poppy cultivation was made and that the said land belongs to the petitioner. After keeping some poppy for the FSL examination, the authorities destroyed the remaining making a videography of it. The villagers therein pointed out that there are some other places in the same char, where the petitioner and his son, Hanif Ali cultivated poppy and police personnel were led to those areas and found another land covered by Dag No. 182 and Patta No. 54 measuring 1 Bigha 1 Katha 12 Lechas, wherein poppy cultivation was made in 1 bigha of land and seized 1kg. of opium and the remaining were destroyed by keeping its video photographs. In another plot of land of around 1 Bigha covered by Dag No. 109 of Patta No. 103, poppy cultivation was carried on by its pattadar, i.e., the petitioner and his son. Said plot of land was identified by the concerned Lat Mondal and the names of the concerned pattadar of those three parcels of land were also placed. Though, police tried to arrest the petitioner, who is the pattadar of those plots of land but he escaped and evaded arrest. The FSL report is yet to be received and police after due investigation of the case submitted the charge-sheet in said Jogighopa P.S. Case No. 80/2023 against the petitioner showing him as an absconder, whereas his son, Hanif Ali was arrested. The relevant records forwarded by the Special Court reflects that the land at Dag Nos. 181 Part, 182 Part of Patta No. 54 as well as land at Dag No. 109 Part of Patta No. 103 of Village-Uchunga Char, involved in the case, belong to the petitioner, where poppy cultivation were made by him with his son and other family members. Considering such materials available in the records and case diary against the petitioner with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Jamal Uddin in said Special (Narcotic) Case No. 46(J)/2023 arising out of Jogighopa P.S. Case No. 80/2023. Accordingly, this pre-arrest bail application of the petitioner, Jamal Uddin in said Special Page No.# 3/3 (Narcotic) Case No. 46(J)/2023 arising out of Jogighopa P.S. Case No. 80/2023 stands rejected.

JUDGE Comparing Assistant