Moin Uddin v. The State of Ap

ORDER Date : 24-04-2024 Heard T. Kipa, the learned counsel for the petitioner. Also heard Ms L. Hage, the learned Additional Public Prosecutor for the State of Arunachal Pradesh.

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¶2This is an application filed under Section 439 of the Cr.P.C, 1973 seeking bail to the accused/petitioner, namely, Shri Jabir Hussain who was arrested on 30.03.2023, in connection with NDPS Case No. 38/2023 and Papu Hill P. S. Case No. 16/2023, registered under Sections 21(b)/27 A/29 of the NDPS Act.

¶3The case of the prosecution in brief is that on 28.03.2023, an FIR was lodged alleging inter alia that on 28.03.2023, upon receiving an information, proceeded along with other police personnel and apprehended 3(three) numbers of accused persons and recovered contraband articles from their possession. Subsequently, based on the statement of co-accused Amir Ali, the Papu hill police arrested the petitioner in connection with the aforesaid case.

¶4Mr. T. Kipa, the learned counsel for the petitioner submits that the petitioner has been languishing in the jail for the last 387 days and charge-sheet has been filed on 23.08.2023. He further submits that trial is pending and that the petitioner is totally innocent and has been wrongly implicated for the offence alleged.

¶5Ms. L. Hage, the learned Additional Public Prosecutor, on other hand, strongly opposes the prayer for bail. She submits that there are sufficient materials available on record implicating the accused for the offence alleged. She further submits that a case is prima facie made out against the accused for the offence alleged and the Page No.# 3/3 accused being habitual offender is likely to commit such offence if released on bail.

¶6I have heard the submissions made at the bar and perused the materials available on records.

¶7It appears that during the investigation, the petitioner has given his statement under Section 161 Cr.P.C. wherein the petitioner has clearly confessed committing the offence alleged. It further appears from the aforesaid statement of the petitioner that the petitioner is regularly involved in selling narcotic substances by procuring it from Dimapur and there is clear admission that the petitioner along with the co-accused, Reena Biswas procured the seized contraband articles and delivered the same to the co-accused Amir Ali for supply in Assam as well as in Arunachal Pradesh.

¶8In view of the aforesaid materials which are sufficient for believing that the petitioner is guilty of the offence alleged, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, the bail application stands rejected.

Disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC040003672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/33/2024 Moin Uddin S/o Late Hifzur Rahmen, Resident of VVillage Kanakpur, PO Kaistagram, PS Nilambazar, Karimganj District, Assam 788722 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tania Kipa Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE KAUSHIK GOSWAMI