Back
MR. JUSTICE MANISH CHOUDHURY, J
AHADUL HUSSAIN – Appellant
Versus
THE STATE OF ASSAM – Respondent
Bail Appln./126/2021
For the Appellants/Petitioners: MR H R A CHOUDHURY
For the Respondents: PP, ASSAM
The court emphasized that without substantial evidence connecting the accused to drug offenses, bail should be granted under the NDPS Act, subject to strict conditions ensuring cooperation with the investigation.
Headnote:(A) Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 - Sections 21 and 29 - Bail applications under Section 439, CrPC - Accused petitioners arrested for drug-related offenses, including possession of commercial quantity of suspected brown sugar - Court notes lack of substantial evidence linking accused to the crime, primarily relying on statements made in custody - Importance of fulfilling conditions stipulated in Section 37 of the NDPS Act for bail consideration - Accused petitioners granted bail subject to conditions. (Paras 9, 26, 27)
Facts of the case:
Nine accused petitioners sought bail after being arrested in connection with Badarpur Police Station Case no. 312/2020 concerning the possession of 1.330 Kg of suspected brown sugar. They contended their arrest was primarily based on allegations from co-accused without corroborative evidence.
Findings of Court:
The court found reasonable grounds indicating that the accused may ultimately be acquitted. The lack of concrete evidence and ongoing investigation justified bail with conditions.
Issues: The court addressed the sufficiency of evidence in supporting the drug charges and whether the stringent bail conditions under Section 37 of the NDPS Act were fulfilled.
Ratio Decidendi: The court ruled that without substantial evidence of guilt beyond mere statements from co-accused, bail should be granted, emphasizing that reasonable belief of innocence must be established. Conditions for bail were set, ensuring cooperation with the investigation. (Paras 23-27)
Result: Bail applications allowed.
| Table of Content |
|---|
| 1. summary of bail applications and their circumstances (Para 1 , 2 , 3 , 4) |
| 2. details of the case against the accused-petitioners (Para 5 , 6) |
| 3. arguments presented by petitioners regarding lack of evidence (Para 7 , 8) |
| 4. court's observations about evidence and fsl report delays (Para 9 , 17) |
| 5. interpretation and application of sections 21 and 37 of ndps act (Para 10 , 14) |
| 6. classification of heroin and its legal implications (Para 11 , 12) |
| 7. conditions for granting bail under ndps act as per supreme court precedents (Para 13 , 16) |
| 8. understanding the burden of proof and reasonable doubt in bail hearings (Para 20 , 21) |
| 9. insufficient evidence for prosecution. (Para 24) |
| 10. conclusion on bail applications with imposed conditions (Para 25 , 28) |
| 11. bail granted with conditions. (Para 27) |
| 12. final remarks on procedural conduct and closure of applications (Para 30 , 31) |
ORDER
Date : 30-04-2021
By these 8 (eight) nos. of applications filed under Section 439 , Code of Criminal Procedure, 1973 (CrPC), 9 (nine) nos. of accused-petitioners have prayed for their release on bail as they are in custody in connection with Badarpur Police Station Case no. 312/2020 (G.R. Case no. 2170/2020) registered for offences under Sections 21 (c)/29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
2. The accused-petitioners viz. (i) Ahadul Hussain and (ii) Noor Ahmed in Bail Appln. 126/2021 are in custody since 08.12.2020. The accused-petitioner viz. Rahim Uddin in Bail Appln. 130/2021 is in custody since 21.11.2020. The accused-petitioner viz. Faruk Ahmed in Bail Appln. 139/2021 is in custody since 12.11.2020. The accused-petitioner viz. Shamim Uddin @ Shamim Ahmed in Bail Appln. 129/2021 is in custody since 06.11.2020. The accused-petitioner viz. Forid Uddin @ Md. Farid Uddin in Bail Appln. 361/2021 is in custody since 21.11.2020. The accused-petitioner viz. Ikbal Bahar @ Ikbal Bahar Khondakar in Bail Appln. 367/2021 is in custody since 29.11.2020. The accused-petitioner viz. Kabir Ahmed in Bail Appln. 498/2021 is in custody since 11.02.2021. The accused-petitioner viz. Jillul Hoque in Bail Appln. 575/2021 is in custody since 14.11.2020.
3. As all these applications have arisen out of the same police case i.e. Badarpur Police Station Case no. 312/2020, the same are taken up together, as agreed to by the learned counsel for the parties.
4. Heard Mr. K.N. Choudhury, learned Senior Counsel for the accused- petitioner in Bail Appln. 498/2021 and Mr. H.R.A. Choudhury, learned Senior Counsel for the accused-petitioners in Bail Appln. 126/2021, Bail Appln. 129/2021, Bail Appln. 575/2021, Bail Appln. 130/2021, Bail Appln. 139/2021, Bail Appln. 361/2021 & Bail Appln. 367/2021.Also heard Mr. N.K. Kalita and Mr. T.K. Mishra, learned Additional Public Prosecutors for the State of Assam.
5. The First Information Report (FIR) was lodged by an Assistant Sub- Inspector of Police (ASI) attached to Badarpur Police Station on 04.11.2020. In the FIR, it has inter-alia been stated that based on a specific information received by the Officer In-Charge, Badarpur Police Station that one Maruti Suzuki Wagon R car bearing registration no. AS-10/E-1339 (white colour) was coming from Silchar side to Karimganj side with huge quantity of drugs, a General Diary Entry being G.D. Entry no. 67 dated 04.11.2020 was registered. Pursuant thereto, the Officer In-Charge, Badarpur Police Station deputed a team of police personnel for special Naka checking in front of Badarpur Police Station on National Highway 37 for checking of vehicles and interception of the said car particularly. Accordingly, the team took position at 10-47 a.m. on 04.11.2020. At around 11-00 a.m., the white colour Maruti Suzuki Wagon R car bearing registration no. AS-10/E-1339 was stopped at the Naka checking when it was found coming from Silchar side towards Karimganj side. The said car was found driven by one Sabbir Ahmed and when questioned, his replies were found unsatisfactory. The Offi
