Litan Miah v. The State of Assam

ORDER

29.08.2023

Heard Mr. L. R. Mazumder, 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 Litan Miah has prayed for grant of bail in connection with Special (NDPS) Case No.10/2022 arising out of Bazaricherra P.S. Case No.27/2022 under Section 22(c) of the N.D.P.S. Act. Page No.# 2/3 The scanned copy of case record, as called for, is placed before the Court. The case relates to recovery and seizure of 150 kg 170 grams of ganja from the possession of the accused petitioner. It is noticed that the accused petitioner has been in judicial custody since

17.01.2022, that is, for 589 days. Perusal of the case record shows that charge was framed by the learned trial Court under Section 22(b)(ii)(c) of the NDPS Act against the accused petitioner vide order, dated 05.07.2022. Thereafter, out of the listed 7(seven) prosecution witnesses 2(two) 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, is released on bail the remaining part of the trial is unlikely to be hampered. For the above stated reasons, it is provided that the accused petitioner, named above, who hails from the state of Tripura, 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), Karimganj 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 Page No.# 3/3 witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court;

iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused of commission;

iv) That out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned court below shall return the original documents retaining legible scanned copy thereof on record for future reference; and

v) That the accused petitioner and his sureties shall produce their Voter Identity Card /Passport /Permanent Residential Certificate, whatever is available at the time of submission of the bail bonds for satisfaction of the learned court below regarding their identity and address and then return the same retaining photocopy thereof on record. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010134572023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2149/2023 LITAN MIAH S/O- LATE RASHIK MIAH, R/O- VILL- JARUL BACHAI, P.O. DUBSERRA, P.S. SRINAGAR, DIST.- SEPAHIJALA, TRIPURA VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR