Sahidul Islam @ Saidul Islam v. The State of Assam

ORDER

18.07.2023

Heard Mr. M. Mahanta, learned counsel for the accused petitioner. Also heard 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 Page No.# 2/3 Sahidul Islam @Saidul Islam has prayed for grant of bail in connection with Jalukbari P.S. Case No.302/2023 under Sections 21(c)/29 of the N.D.P.S. Act (corresponding to G.R. Case No. 3624/2023). The case diary, as called for, is placed before the Court. The FSL report is not received. The case relates to recovery and seizure of 1000 bottles of LEUCOF (Chlorpheniramine Maleate & Codeine Phosphate Syrup) from a Tata Yodha Pick Up vehicle bearing Registration No. AS-01NC-8730. Mr. M. Mahanta, learned counsel for the accused petitioner submits that the accused petitioner was the registered owner-cum-driver of the said commercial vehicle bearing Registration No. AS-01NC-8730. According to Mr. Mahanta, on 22.05.2023, the accused's vehicle was hired by one Sahabuddin Ahmed of Bijay Nagar for the purpose of transportation of pharmaceutical items from Guwahati to his pharmacy at Bijay Nagar and accordingly, the accused petitioner transported the items contained in cartons from Machkhowa at Guwahati for delivery. However, at Satmile the police intercepted the vehicle and after search, found some cartons containing suspected N.D.P.S. drugs which he transported without knowledge along with other pharmaceutical items. Therefore, Mr. Mahanta submits that the accused petitioner had apparently no culpable mental state and as such, protected by Section 35 of the N.D.P.S. Act. Mr. Mahanta further submits that keeping in consideration of this vital aspect of the case of the accused petitioner, his bail application may be considered favourably. Per contra, Mr. B.B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary reveals sufficient prima facie material showing complicity of the Page No.# 3/3 present accused petitioner in the commission of the alleged offence involving commercial quantity of drugs under the N.D.P.S. Act and as such, in view of the bar contained in Section 37 of the said Act and at the present stage of investigation, the bail application may not be accepted. It is noticed that the accused petitioner has been in judicial custody since

24.05.2023, that is, for 56 days. A perusal of the case diary along with the seizure memo it is prima facie revealed that the accused petitioner, who was the owner-cum-driver of the seized vehicle, with knowledge transported some pharmaceutical items along with the huge quantity of contraband mentioned in the seizure memo from Machkhowa, Guwahati to Bijay Nagar for delivery to one Sahabuddin Ahmed without any valid document. Therefore, it cannot conclusively be said at the present stage of investigation that the accused petitioner had no culpable mental state and as such, protected by the presumption contained in Section 35 of the N.D.P.S. Act. The investigation is yet to be completed. These findings are of course subject to the final outcome in investigation. For the above stated reasons, the bail application of the accused petitioner stands rejected. Return the case diary. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010133552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2220/2023 SAHIDUL ISLAM @ SAIDUL ISLAM S/O- BISHA SEKH, R/O- VILL- CHAMPUPARA, P.O. CHAMPUPARA BAZAR, P.S. CHHAYGAON, DIST.- KAMRUP, ASSAM, PIN- 781136 VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR. A SAYED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR