Aminur Islam v. The State of Assam

ORDER Date : 08.10.2024 Heard Mr. M. Z. Shah, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent.

¶2By way of this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner is seeking grant of regular bail to the petitioner, i.e. Aminur Islam who was arrested on

03.08.2024 in connection with Chapar P.S. Case No.123/2024 registered under Section 22(b) of NDPS Act.

¶3The case of the prosecution is that on 02.08.2024 upon information received as regards transportation of narcotic drugs, the informant upon receiving requisite authorization proceeded to the spot along with police party and upon a motor cycle being Pulsar bike bearing Registration No. AS-17-3239 coming towards them, intercepted the said bike and interrogated the petitioner who was riding the said bike and upon charge of the bike in presence of local witness, 10 numbers of Triprolidine Hydrochloric & Codeine Phosphate Syrup (suspected to be Narcotic Drugs & Psychotropic substances) were seized from one black colour polythene which was kept concealed in the said bike.

¶4Accordingly, a case was registered and the petitioner was arrested on 03.08.2024 and he was forwarded before the learned Page No.# 3/4 Special Judge, Bilasipara and since then he is in judicial custody.

¶5Mr. M. Z. Shah, learned counsel for the petitioner submits that mandatory period of 60 (sixty) days is over and as such the petitioner is entitled to be released on default bail.

¶6Mr. Baishya, learned Additional Public Prosecutor submits that the contraband articles have been seized from the possession of the petitioner.

¶7Heard the learned counsel for both the parties and perused the material available on record.

¶8It appears that the mandatory 60 (sixty) days period is over.

¶9On consideration of the length of detention, further detention of the petitioner, in the interest of the ongoing investigation, is not justified.

¶10Therefore, the petitioner is granted bail.

¶11Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 25,000/- with two suitable sureties of the like amount, to the satisfaction of jurisdictional learned Special Judge, Bilasipara under the NDPS Act.

¶12The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of jurisdictional learned Special Judge, under the NDPS Act, without prior Page No.# 4/4 written permission from him;

(b) shall deposit his Passport/visa, etc if any, in the court of the learned jurisdictional Special Judge;

(c) shall not hamper with the investigation, or tamper with the evidence of the case;

(d) 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 him from disclosing such facts to the Court or to any police officer; and

(e) shall appear before the Investigating Police Officer once in a week until the entire investigation of the case is completed and as and when called by the Investigating Police Officer for the purpose of investigation of the case.

¶13The petition stands disposed of accordingly. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010216582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3144/2024o AMINURoISLAMo S/OoHAZARAToALI,o RESIDENToOFoVILLAGEoKAYETHPARA,oPSoABHAYAPURI,oDISTo BONGAIGAON,oASSAM,o PERMANENToADDRESSoVILLAGEoHARDEMARA,oPSoCHAPARoDISTo DHUBRI,oASSAMo783371 VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoMoZoSHAH,oMDoPoRAHMANo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI