Mojina Begum v. The State of Assam

ORDER 03-02-2023 This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Mojina Begum, in connection with Basistha Police Station Case No. 356/2022, registered under Section 20(C) of the NDPS Act, read with Sections 4 & 5 of the Assam Ganja and Bhang (Prohibition) Act, 1958. Page No.# 2/3 Heard Mr. P. Bora, learned senior counsel, assisted by Mr. H.K. Sarma, learned counsel appearing for the accused-petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, appearing for the State. Perused the scanned copy of the record. The learned counsel for the accused-petitioner submits that the accused-petitioner has been in custody for 315 days, with effect from 26-03-2022. It has also been submitted that the petitioner has her children and other family members in her house and being a lady, it is difficult for her to continue further period in jail hajot. It is also submitted that the petitioner has a Pan shop adjacent to the Shiva Temple near Basistha Police Station and somebody might have kept the ganja there. Though commercial quantity of ganja has been recovered in this case, yet the petitioner is not connected with the offence alleged against her. On the other hand Mr. Sarma, learned Additional Public Prosecutor has submitted that charge-sheet has been submitted in this case and commercial quantity of cannabis was recovered from the conscious possession of the present accused-petitioner, hence, bail may not be granted to the accused-petitioner. I have considered the submission so made by the learned counsel for the parties. It appears from the case diary that charge-sheet has already been submitted in this case. The accused-petitioner has been detained in custody for 315 days. Though she approached before the learned trial Court, her bail prayer was rejected only on the ground that commercial quantity of ganja was recovered from her possession. Considering the length of detention of the accused-petitioner in custody as well as the fact that as submitted she being the local resident of Basistha, there is no chance of her absconding, the petitioner is granted bail. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with Page No.# 3/3 a suitable surety of the like amount to the satisfaction of learned Special Judge under the NDPS Act, Kamrup (M), Guwahati. The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge under the NDPS Act, Kamrup (M), Guwahati, without prior written permission from him;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(c) shall appear before the Officer-in-Charge of Basistha Police Station on every fortnight, till disposal of the case. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010184052022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2288/2022 MOJINA BEGUM W/O- SIRAJ ALI, C/O- HASSINA BEGUM, MADHABPUR, P.S. BHABANIPUR, DIST. BARPETA, ASSAM AND PRESENTLY RESIDING AT PATARKUCHI NABUDAI NAGAR, BYELANE NO. 07, P.S. BASISTHA, DIST. KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. P BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI