Rahul Ahmed v. The State of Assam

ORDER 17-12-2024 Heard Mr. S. A. Hussain, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State.

¶2The petitioner, namely, Rahul Ahmed, son of Md. Mayinuddin Sheikh, resident of House No.53, Pragati Path, Notbama, Hatigaon Chariali, District-Page No.# 2/4 Kamrup (M), Assam has filed this application under Section 483 BNSS, seeking bail in Dispur Police Station Case No. 1126/2024 corresponding to G.R. No.3135/2024 registered under Sections 21(b)/25 of the NDPS Act, 1985, wherein, he was arrested on 18.10.2024 and is in custody since then.

¶3As per the FIR dated 18.10.2024, lodged before the Officer-in-Charge of Dispur Police Station, the case is that an information from secret source was received regarding dealing and selling of illegal drugs by culprits at Christian Basti to Ganeshguri area under Dispur P.S. jurisdiction since long. The said information was then forwarded to the senior authority vide STF PS GDE No. 292 dated 17.10.2024 and on authorization, police personnel from Dispur Police Station proceeded to Ganeshguri-Christian Basti. On reaching the spot, a search was conducted in presence of independent witnesses and one person on a black colour motor cycle was seen in suspicious activities. The said person was apprehended by police and on being search in presence of independent witnesses, one blue coloured soap box containing plastic transparent filled with suspected Heroin which was kept concealed in the right side pocket weighing about 12.45 grms (without soap box) was recovered and the said person was taken into custody.

¶4Accordingly, Dispur Police Station Case No. 1126/2024 corresponding to G.R. No.3135/2024 under Sections 21(b)/25 of the NDPS Act, 1985 was registered.

¶5The petitioner herein was arrested on 18.10.2024 and he was also produced before the Court of learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati.

¶6On being enquired, Mr. B. Sarma, learned Additional Public Prosecutor, Page No.# 3/4 Assam submitted that due to non-availability of the FSL report of the seized NDPS item, charge-sheet in said Dispur Police Station Case No. 1126/2024 could not be filed till date.

¶7In the meanwhile, the petitioner since 18.10.2024 has completed 61 days in custody and hence, completed the statutory period of detention. Therefore, the petitioner is entitled for his default bail in said Dispur Police Station Case No. 1126/2024.

¶8Accordingly, the petitioner, namely, Rahul Ahmed, son of Md. Mayinuddin Sheikh is granted default bail in said Dispur Police Station Case No. 1126/2024 on furnishing bail bond of Rs. 50,000/-, with two local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the learned Special Judge

(NDPS), Kamrup (Metro), Guwahati on conditions that the petitioner, named above (i) shall appear before the Investigating Officer of said Dispur Police Station Case No. 1126/2024 on every Thursday during the office hours for the next 3 (three) English Calendar Months, commencing from 02.01.2025 or till the date of filing of the Charge-Sheet in said Dispur Police Station Case No. 1126/2024, whichever is earlier; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati on or before 27.12.2024; (iii) shall not leave the territorial jurisdiction of the Dispur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and further (vi) shall not indulge himself in any such criminal Page No.# 4/4 activities, failing which, the bail granted to him in said Dispur Police Station Case No. 1126/2024 shall stand automatically vacated.

¶9Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in said Dispur Police Station Case No. 1126/2024 shall stand automatically vacated.

¶10Bail application stands allowed to the extent above.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010231922024 2024:GAU-AS:12845 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3365/2024 RAHUL AHMED S/O- MD. MAYINUDDIN SHEIKH, R/O- H.NO- 53, PRAGATI PATH, NOTBOMA, HATIGAON CHARALI, GUWAHATI-38, DIST- KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. S A HUSSAIN, G BORO,S AHMED,MR D J HALOI Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK