Jakir Hussain v. The State of Assam

ORDER

25.08.2023

Heard Mr. M.A. Choudhury, 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 Jakir Hussain has prayed for grant of bail in connection with Special (N.D.P.S.) Case No.27/2023 pending in the Court of learned Special Judge, Karimganj (corresponding to Patherkandi P.S. Case No.108/2023) under Sections 21(b)/25/29 of the N.D.P.S. Act. The scanned copy of case record, as called for, is placed before the Court. The case relates to recovery and seizure of 118 grams of suspected heroin from the house of one Rupjan Bibi and from the possession of two suspected drug peddlers namely the present petitioner and another. The sample of the seized substance gave positive tests for heroin vide the F.S.L report, dated 21.06.2023. It is noticed that the accused petitioner has been in judicial custody since

28.03.2023, that is, for 151 days. Perusal of the case record along with the case diary shows that the seized heroin was being 118 grams the same falls within the category of intermediate quantity under the N.D.P.S. Act and as such, the bar contained in Section 37 of the N.D.P.S. Act is not applicable to the instant case. The case record further shows that the case is presently pending for appearance of co-accused person on 16.09.2023. The charge-sheet under Sections 21(b)/25/29 of the N.D.P.S. Act was filed on 29.05.2023. The charges are yet to be framed. The accused petitioner is a resident of village Bishnupur under Ram Krishna Nagar P.S., Assam. For the above stated reasons, more particularly, the length of detention (151 days) and the case being related to intermediate quantity under the N.D.P.S. Act, this Court finds that further continuation of detention of the accused petitioner for the purpose of trial of the case which is yet to commence Page No.# 3/3 is not necessary. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/-(Rupees Fifty Thousand) 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 listed prosecution witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court; and

iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused of commission. Breach of any of the above conditions shall render cancellation of the bail in accordance with law. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010165452023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2718/2023 JAKIR HUSSAIN S/O- LT. ABDUL LATIF, VILL- BISHNUPUR, P.S. RAM KRISHNA NAGAR, DIST.- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE P.P., ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR