Dulal Uddin v. The State of Assam

ORDER

08.02.2024 Heard Ms A Begum, learned counsel for the petitioner, Dulal Uddin.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail as he is behind bars for 420 days since 13.12.2023, in connection with NDPS Case No. 29/2023, GR Case No. 306/2022, arising out of Dillai PS Case No. 41/2022, under Page No.# 2/3 Sections 21(c)/29 of the NDPS Act.

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioner that the petitioner has to be outside the jail to engage a lawyer to defend his case and face the trial. He has been behind bars for 420 days. Charges were framed as recently as on 12.07.2023. His right to personal liberty has been curtailed as he is facing trial from behind bars and he could not prepare his defence properly.

¶5Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶6The learned Additional Public Prosecutor has raised objection stating that charges were framed on 12.07.2023. 1 out of 9 witnesses has already been examined. The petitioner was found in conscious possession of 500 grams of heroin.

¶7The rigours of Section 37 of the NDPS Act comes into play.

¶8I have considered the submissions at the Bar with circumspection.

¶9It is true that trial has been delayed to some extent, but at the same time, it cannot be considered that the trial has been delayed by the prosecution or by the learned trial Court to the extent that the personal liberty of the petitioner has been curtailed. The petitioner is booked under a serious offence and he is facing trial. One witness has already been examined. Charges were framed on 12.07.2023. The rigours of Section 37 of the NDPS Act is an embargo to this bail petition, at this juncture. The petitioner Page No.# 3/3 cannot be granted bail, at this stage.

¶10Petition with prayer for bail is rejected at this stage.

¶11The petitioner is at liberty to file a subsequent bail application if trial is procrastinated indefinitely. The learned trial Court is directed to expedite the trial for speedy disposal of the case.

¶12Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010283832023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4564/2023 DULAL UDDIN S/O ABDUL BARIK VILL- BALIKATIA, P.S. JURIA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND