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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
Bail under the NDPS Act requires reasonable grounds to believe the accused is not guilty; mere suspicion and implicating statements without evidence do not suffice to deny bail.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(c), 29, 37 - Bail application filed by 9 accused-petitioners arrested in connection with the commercial quantity of suspected brown sugar; the court determined possibility of acquittal based on lack of concrete evidence linking accused to the crime and absence of FSL report - Conditions for bail set forth. (Paras 1-29)
Facts of the case:
The accused-petitioners were arrested based on the statement of an already apprehended individual, possessing 1.330 Kg of suspected brown sugar, implicating the others without sufficient direct evidence against them. The arrest stemmed from Badarpur Police Station case no. 312/2020 registered under the NDPS Act due to the alleged involvement in drug trafficking. (Paras 2-4, 10-13)
Findings of Court:
The court found no cogent materials against the accused and recognized that prolonged incarceration pending investigation was unjustified. Bail was granted subject to certain conditions. (Paras 22-29)
Issues: Determining the validity of the arrests based solely on implicating statements and whether the bail should be granted without positive evidence linking the individuals to the drug trade. (Paras 24-26)
Ratio Decidendi: The court emphasized that for bail under NDPS Act, reasonable grounds are required to believe that an accused is not guilty, which were found lacking based on the materials available. Also noted was the necessity of the Public Prosecutor’s opportunity to contest bail applications involving serious drug offences. (Paras 14-17, 27)
Result: Bail applications granted with specific conditions. (Paras 28-29)
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3) |
| 2. details of the police investigation (Para 5 , 6) |
| 3. arguments for the accused's release on bail (Para 7 , 8) |
| 4. court's consideration of submissions (Para 9) |
| 5. legal standards for granting bail under ndps act (Para 10 , 11 , 14 , 15 , 21) |
| 6. impact of the fsl report on bail decision (Para 17 , 18) |
| 7. court’s analysis of evidence against accused (Para 22 , 23) |
| 8. importance of gathering positive evidence (Para 24) |
| 9. reasonable grounds for acquittal and bail (Para 27) |
| 10. final order granting bail with conditions (Para 28 , 29 , 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 Officer In-Charge, Badarpur Police Station was informed and he arrived at the spot. The Officer In-Charge, Badarpur Police Station authorized one Sub-Inspector of Police to conduct search of the said car and accordingly, the car was searched in presence of 4 (four)nos. of witnesses, who were
