Mainul Ali @ Babu @ Babu Petla v. The State of Assam

ORDER Date : 19-03-2024 Heard Mr. S. Munir, learned counsel appearing for the Petitioner. I have also heard Mr. R.J. Baruah, the learned Additional P.P. for the State of Assam. This is an application under Section 439 of the C.r.P.C. in respect of North Guwahati P.S. Case No. 121/2023 registered under Section 21 (c ) of the NDPS Page No.# 2/2 Act, 1985. The learned counsels for both sides have jointly submitted that the charge-sheet has already been filed. Mr. Munir submits that though an allegation is made against the petitioner that a commercial quantity of narcotic drugs was recovered from his possession, but the narcotic drugs should be less than the commercial quantity if the container which contains the narcotic drugs is not taken into account. I have considered the submissions made by the learned counsels for both sides. This Court is of the opinion that let the trial court consider the charge against the petitioner and if charge is framed, the petitioner shall be at liberty to approach this Court again. With the aforesaid directions, the bail application stands disposed off.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010288862023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4642/2023 MAINUL ALI @ BABU @ BABU PETLA S/O MD. FAIJUR RAHMAN R/O LOCH P.S. BAIHATA CHARIALI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA