Md. Alamin Hoque v. The State of Assam

ORDER Date : 12-09-2024 Heard learned counsel Mr. N.C. Das for the petitioner Md. Alamin Hoque, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars for 96 days in connection with Sipajhar Police Station Case No. 83/2024 under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Page No.# 2/3

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that he was caught red handed while he was in possession of 1.106 kgs of suspected ganja.

¶4Learned Additional Public Prosecutor has submitted that the FSL report reveals that the petitioner was caught with cannabis (ganja).

¶5It is submitted on behalf of the petitioner that as the petitioner has been caught with small quantity of ganja, the petitioner is entitled to bail.

¶6After scrutinizing the entire Case Diary and after scrutinizing the FSL report, I deem it proper to grant bail to the petitioner. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Mangaldoi under the conditions that : -

(i) The petitioner shall cooperate with the remaining part of investigation and not jump the bail.

(ii) The petitioner shall refrain from such activities with which he is alleged.

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

¶7On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶8In terms of the above observation, this Bail Application stands disposed of.

¶9Send back the Case Diary. JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010148902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2188/2024 MD. ALAMIN HOQUE S/O LATE SAHAJUL HAQUE VILL- SINGIARI P.S. SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N C DAS, MR. S K SINGHA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND