Firdus Alam and Anr v. The State of Assam

ORDER Date : 22.04.2024

Heard Mr. A.M. Ahmed, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State.

¶2This is an application filed under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Firdus Alam, in connection with Sipajhar P.S. Case No. 323/2023, registered under Section 22(c) of NDPS Act, 1985.

¶3It is submitted by the learned counsel for the petitioner that the petitioner is the driver of the alleged vehicle bearing Regd. No. AS-01-JC-6604 from which the contraband drugs were recovered. It is also submitted that the petitioner has no knowledge that if any contraband item kept inside the said vehicle. It is further submitted that the petitioner has been detained in custody since

10.10.2023. Considering the length of detention as well as the nature of the offence, bail may be granted to the petitioner.

¶4On the other hand, Mr. Kaushik, learned Additional Public Prosecutor for the State has vehemently objected to the prayer of the accused/petitioner by stating that the petitioner is very much involved in the alleged offence and there is sufficient incriminating materials found in the case record against the petitioner. Considering the nature of offence, bail may not be granted to the petitioner at this stage.

¶5I have considered the submissions made by the learned counsel for the Page No.# 3/3 parties. I have also perused the case record.

¶6It appears from the record that the petitioner is the driver of the said vehicle from which large quantity of contraband was transported from Mangaldai side towards Guwahati. Accordingly, the petitioner was arrested being the driver of the vehicle.

¶7In view of the above, this Court is not inclined to grant bail to the petitioner. Hence, prayer for bail is rejected.

¶8The bail application stands disposed of accordingly. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010049262024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./4416/2023o FIRDUSoALAMoANDoANR S/OoSARIFULoHOQUE oR/OoMULLAPARA oNAGARBAHI oP.S.-MANGALDAI oDIST-DARRANGo(ASSAM) oPIN-784529 2:oMD.oSAYEDURoRAHMANo@oSAIDURoRAHMAN S/OoNIZAMoUDDIN oR/OoMULLAPARA oNAGARBAHI oP.S.-MANGALDAI oDIST-DARRANGo(ASSAM) oPIN-784529 oVERSUS THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR oASSAM o------------ oAdvocateoforo:oMR.oAoMoAHMED Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI