Mujibur Rahman v. The State of Assam

PageoNo.#o1/3 GAHC010294972023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./8/2024o MUJIBURoRAHMANo S/OoABDULoHAMIDo R/OoVILL-oBRAHMANoSASHONo P.S.oNILAMBAZARo DIST.oKARIMGANJ,oASSAM VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oRoSARMAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 B E F O R E HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

07.02.2024

¶1Heard Mr. R. Sarma, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 Cr.P.C, is preferred by the petitioner, namely, Mujibur Rahman, who is in judicial custody since 08.06.2023 in connection with Special (NDPS) Case No. 59/2023 arising out of Nilambazar P.S. Case No. 111/2023, registered under Sections 21(C)/25/29 of Narcotic Drugs and Psychotropic Substance Act, 1985.

¶3I have considered the submissions at the Bar.

¶4It is submitted at the Bar that the petitioner was neither the driver nor the owner of the vehicle carrying 300 grms of heroine. The heroine was seized from the vehicle bearing registration No. AS-10F-2966 and there were four occupants in the vehicle and the petitioner is one of the occupant.

¶5It is also submitted by the learned Addl. P.P. that the charge was framed on

12.01.2024. In this case, the trial has just commenced.

¶6The rigour of Section 37 of the NDPS Act cannot be considered as an embargo to the extent that personal liberty of the petitioner has been curtailed due to procrastination Page No.# 3/3 of trial by the prosecution or the Court.

¶7However, considering the import of the sections under which the petitioner is booked, I am constrained to hold that the petitioner is not entitled to bail at this stage.

¶8Accordingly, this petition stands rejected at this stage. Send back the case diary.

JUDGE Comparing Assistant