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MR. JUSTICE MANISH CHOUDHURY, J
AHADUL HUSSAIN – Appellant
Versus
THE STATE OF ASSAM – Respondent
Bail Appln./126/2021 | Bail Appln./498/2021 | Bail Appln./139/2021 | Bail Appln./367/2021 | Bail Appln./130/2021 | Bail Appln./361/2021 | Bail Appln./129/2021 | Bail Appln./575/2021
For the Appellants/Petitioners: MR H R A CHOUDHURY, MR K N CHOUDHURY, MR N H BARBHUIYA
For the Respondents: PP, ASSAM
The court clarified that for bail under NDPS Act, evidence must demonstrate grounds for believing the accused is not guilty; mere allegations are insufficient for continued detention.
Headnote:(A) Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 - Sections 21(c) and 29 - Bail application - Multiple accused-petitioners sought bail after being in custody for varying durations in a case involving commercial quantity of suspected brown sugar - The court emphasized the necessity for sufficient evidence beyond mere allegations for bail under stringent NDPS provisions. (Paras 10, 14, 27)
(B) Bail considerations - Under Section 37 of the NDPS Act, no bail shall be granted unless certain conditions are satisfied, including evidence of reasonable grounds for believing the accused is not guilty - The court examined whether existing materials justified detention based on ongoing investigation without substantial evidence linking accused-petitioners to the crime. (Paras 13, 37)
Facts of the case:
Nine accused-petitioners, arrested in connection with a police case filed for drug offenses, argued for bail, claiming insufficient evidence and citing precedents where co-accused were released. (Paras 1-2, 25)
Findings of Court:
The court found sufficient grounds to believe the accused-petitioners may be acquitted of the charges due to lack of substantial evidence connecting them to the drug trade, thus allowing bail under strict conditions. (Paras 27-28)
Issues: The court addressed the sufficiency of evidence required for bail considering the serious implications of the NDPS Act. (Paras 10, 37)
Ratio Decidendi: The court concluded that ongoing investigations without positive evidence do not justify continued incarceration, thus permitting bail while imposing conditional release to ensure cooperation with authorities. (Paras 26-29)
Result: The court allowed the bail applications of the accused-petitioners under detailed conditions.
| Table of Content |
|---|
| 1. bail applications arise from the same police case. (Para 1 , 2 , 3) |
| 2. details of the arrest and drug seizure. (Para 4 , 5 , 6) |
| 3. arguments from the accused for bail. (Para 7 , 8 , 9) |
| 4. statutory provisions concerning quantity of drugs. (Para 10 , 11 , 12) |
| 5. conditions for bail under ndps act. (Para 14 , 15 , 16 , 17) |
| 6. case law references regarding bail considerations. (Para 19 , 20 , 21) |
| 7. links between accused and the alleged drug peddling. (Para 22 , 23 , 24) |
| 8. court finds reasonable grounds for acquittal possibility. (Para 25 , 26 , 27) |
| 9. bail granted with conditions and observations on trial. (Para 28 , 29 , 30) |
| 10. conclusion on bail application and case disposition. (Para 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
