Abul Lais v. The State of Assam

ORDER

09.11.2023

Heard Mr. M.A. Choudhury, learned counsel for the accused petitioner. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent. Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused petitioner, namely Abul Lais has prayed for grant of bail in connection with Special (NDPS) Case No.70/2022 pending in the Court of learned Special Judge, Karimganj arising out of Patherkandi P.S. Case No.125/2022 under Sections 22(c)/25/29 of the N.D.P.S. Act. The scanned copy of case record, as called for, is placed before the Court. The case relates to recovery and seizure of Yaba tablets weighing 1.081 kgs. from the possession of the accused petitioner which amounts to commercial quantity under the NDPS Act. It is noticed that the accused petitioner has been in judicial custody since

01.05.2022, that is, for 557 days. Mr. M.P. Goswami, learned Addl. Public Prosecutor, has raised strong objection against grant of bail to the accused petitioner. Perusal of the case record shows that in this case charges were framed by the learned trial Court under Sections 22(c)/25/29 against the accused petitioner and another vide order, dated 20.02.2023. Thereafter, out of the listed 7(Seven) prosecution witnesses 4(four) PWs are already examined in the case. This Court is of the opinion that although there is bar under Section 37 of the N.D.P.S. Act in granting bail to accused in matters involving commercial quantity in view of the mandate under Article 21 of the Constitution of India, if the accused petitioner, who is a permanent resident under Patherkandi P.S., is released on bail the remaining part of the trial is unlikely to be hampered. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.1,00,000/-(Rupees One Lakh) only with two Page No.# 3/3 government servant sureties of like amount, as submitted by the learned counsel for the accused petitioner, to the satisfaction of the learned Special Judge (NDPS Act), Karimganj subject to the following conditions-

i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of;

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to the remaining prosecution witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court; and

iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused of commission. Breach of any of the above conditions shall render cancellation of the bail in accordance with law. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010211082023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3337/2023 ABUL LAIS S/O ABDUL GONI R/O VILL- SATHGORI P.S. PATHERKNDI DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR