Md. Khalilur Rahman @ Khalilar Rahman v. The State of Assam

ORDER Date : 05.01.2024 Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State. Learned Additional Public Prosecutor has submitted that though the case diary was called for, however, in the meanwhile, charge-sheet has been laid bearing C.S. No. 3/2023 dated 22.12.2023. Learned counsel for the petitioner has submitted that charge-sheet has been Page No.# 2/2 laid under Section 21(c) of the NDPS Act. As the charge-sheet has been laid under Section 21(c) of the NDPS Act for possessing the commercial quantity of the contraband, embargo of Section 37 of the NDPS comes into play and the petitioner has failed to show anything which would help him to overcome the embargo of Section 37 at this stage, therefore, the prayer for bail is rejected at this stage. The petitioner may approach the trial court for seeking regular bail before the Trial Court, if so advised.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010253972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4128/2023 MD. KHALILUR RAHMAN @ KHALILAR RAHMAN SON OF MD. FAIJUR RAHMAN RESIDENT OF LOCH P.S- BAIHATA CHARIALI DISTRICT- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. C K NATH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA