Mojibur Rahman v. The State of Assam

ORDER Date : 11.09.2023

Heard Mr. N. J. Dutta, learned counsel appearing for the accused petitioner as well as Mr. B. Sarma, learned Addl. Public Prosecutor, Assam. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Mojibur Rahman, has prayed for grant of bail in connection with NDPS Case No. 199/2022 (Garchuk P.S. Case No. 165/2022) under Sections 22(c)/29 of the NDPS Act. The scanned copy of the case record along with the case diary, as called Page No.# 2/3 for, is placed before the Court. It is noticed that the accused petitioner has been in judicial custody since

26.05.2022, i.e. for 473 days. The case relates to recovery and seizure of suspected psychotropic substance Codeine Phosphate Cough Syrup (Phensedyle) at Boragaon area under Garchuk P.S. A perusal of the case record reveals that the learned Trial Court framed charge under Section 22(c)/29 of the N.D.P.S. Act against the accused for illegally possessing the said psychotropic substance, vide order dated

17.11.2022. Thereafter, the learned Trial Court has examined three prosecution witnesses, out of listed seven witnesses. The case record, as a whole, reveals that the seized contraband amounts to commercial quantity under the N.D.P.S. Act. Considering entire aspects of the matter, this Court is of the opinion that although there is bar under Section 37 of the NDPS Act in granting bail to the accused in matters involving commercial quantity in view of the mandate under Article 21 of the Constitution of India, if the accused petitioner, who is a resident under Mukalmua P.S., is released on bail, the remaining part of the trial is unlikely to be hampered. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 1 Lakh with 2 (two) sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act), Kamrup (M) at Guwahati 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 Page No.# 3/3 till the case is disposed of; and

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any of the remaining prosecution witnesses; and

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010168552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2698/2023 MOJIBUR RAHMAN S/O SHAHIZUDDIN, P/A OF VILL- 2 NO LARKUCHI, P.S.-MUKALMUA, DIST- NALBARI, ASSAM, T/A - PACHIM BORAGOAN, NEAR BINAPANI ACADEMY, P.S.-GARCHUK, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR