Md. Mohibur Rahman and 2 Ors v. The State of Assam

ORDER

20.02.2024 Heard Mr D K Das, learned counsel for the petitioners, 1) Md Mohibur Rahman, 2) Page No.# 2/3 Md Dildar Hussain and 3) Md Babul Seiekh.

¶2The petitioners have filed this application under Section 439 CrPC, with prayer for bail, as they behind bars since 29.03.2023, in connection with NDPS Case No. 69/2023, arising out of Khatkhati PS Case No. 29/2023, registered under Sections 20(c)/29 of the NDPS Act, 1985.

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioners that 61.410 kgs of ganja was recovered. Only one out of five witnesses have been examined. The petitioners deserve bail as they are behind bars for 316 days and trial has been procrastinated and their personal liberty has been curtailed.

¶5The learned Additional Public Prosecutor has raised objection stating that this not a case where trial has been procrastinated by the Court or the prosecution. Trial is proceeding at a regular pace. The petitioners' bail application has to be rejected as the rigour of Section 37 of the NDPS Act, acts as an embargo.

¶6I have considered the submissions at the Bar with circumspection.

¶7It is true that charge sheet has been laid against the petitioners and charges have also been framed against the petitioners. It is true that the petitioners are behind bars for 316 days and only 1 witness has been examined so far, but at the same time, this case cannot be considered to be a case, where trial has been procrastinated by the Court or the Page No.# 3/3 prosecution. The trial is proceeding at a regular pace. It cannot be considered to be a case where personal liberty of the petitioners have been curtailed.

¶8Indeed, the rigour of Section 37 of the NDPS Act, acts as an embargo.

¶9I am not inclined to grant bail to the petitioners, at this juncture.

¶10Petition with prayer for bail is rejected.

¶11However, in case, the trial is procrastinated any further, the petitioners are at liberty to subsequently apply for bail, which may be considered by the Court, as per merits of the case.

¶12Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010219262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3473/2023 MD. MOHIBUR RAHMAN AND 2 ORS SON OF MD. BHAITY ALI @ MAFIK ALI, RESIDENT OF JAJORI NEAR SARU MASJID, P.S. JAJORI, DISTRICT- NAGAON, ASSAM 2: MD. DILDAR HUSSAIN SON OF MD. TAJAMUL HUSSAIN RESIDENT OF JAJORI NEAR SARU MASJID P.S. MIKIRBHETA DISTRICT- MORIGAON ASSAM 3: MD. BABUL SEIEKH SON OF LATE ABDUL SALAM RESIDENT OF JAJORI NEAR SARU MASJID P.S. MIKIRBHETA DISTRICT- MORIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D K DAS Advocate for the Respondent : MR. M P GOSWAMI(ADDL.PP, ASSAM) BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND