Nur Mahammad Sk v. The State of Assam

ORDER

08.08.2023

Heard Mr. S. A. Ahmed, learned counsel appearing for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Page No.# 2/3 Nur Mahammad Sk, has prayed for grant of bail in connection with Gauripur P.S. Case No.259/2022 under Section 22(C) of N.D.P.S. Act. Scanned copy of case record along with case diary, as called for, is placed before the Court. Mr. S. A. Ahmed, learned counsel appearing for the accused petitioner, submits that the accused has been languishing in judicial custody for 368 days despite he is not named in the F.I.R. Mr. Ahmed further submits that the accused has been implicated in the case based on statements of the co-accused persons at a later stage of investigation of the case. Mr. Ahmed further submits that as the charge-sheet in the case has already been laid, further detention of the accused for the purpose of trial of the case may not be required. Per contra, Mr. B. B. Gogoi, learned Additional Public Prosecutor submits that the case record reveals that 32 numbers of Onereex cough syrup bottles, each containing 100 ml, containing codeine phosphate, were recovered and seized from the possession of the accused petitioner. Mr. Gogoi further submits that presently the case being pending for consideration of charges and in view of the bar contained in Section 37 of the N.D.P.S. Act, the bail application of the accused petitioner may be rejected. The matter relates to recovery and seizure of 32 numbers of Onereex cough syrup bottles, each containing 100 ml, containing codeine phosphate from the possession of the accused petitioner. It is noticed that the accused has been in judicial custody since 05.08.2022, that is, for 368 days. A perusal of the case record along with case diary reveals that the Investigating Officer, after completion of investigation laid a charge-sheet under Page No.# 3/3 Section 22(C)/29 of the N.D.P.S. Act against the present accused and seven others vide order, dated 12.01.2023 and presently, the case is pending for consideration of charges on 10.08.2023. Therefore, in the opinion of this Court, at the aforesaid present stage of the case and in view of the bar contained in Section 37 of the N.D.P.S. Act, the bail application of the accused petitioner cannot be considered. Accordingly, the bail application of the accused petitioner stands rejected. However, it is provided that the accused shall have liberty to file fresh bail application at an appropriate stage of trial of the case. Return the case diary. This disposes of the bailapplication.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010145632023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2348/2023 NUR MAHAMMAD SK. S/O BACCHU SK. R/O VILL- KHUDIMARI PART-II P.S. GAURIPUR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR