THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
In terms of above, this bail application stands disposed of
Provisions considered
Key paragraphs
- Para 88. In terms of above, this bail application stands disposed of. CD be returned. Sd/- Robin Phukan JUDGE Comparing Assistant
Judgment
Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,SK ABDULLAH Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER
21.01.2025 Heard Mr. M.I. Hussain, learned counsel for the accused and also heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.
#2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Jiyarul Rahman, who has been languishing in jail hazot since 23.11.2024, in connection with Tamarhat P.S. Case No.105/2024 under Section 21(b) of the NDPS Act, for granting bail. Page No.# 2/2
#3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Pradip Daimary of Tamarhat P.S. on 23.11.2024. The essence of allegation made in the FIR is that acting on a tip off, the complainant conducted search in the house of the accused Jiyarul Rahman and recovered one shop box containing suspected brown sugar, weighing 70.29 gm, with red coloured box in a polythene packet and 4 nos. of empty plastic container.
#4. Mr. Hussain, learned counsel for the accused submits that the accused was arrested on 23.11.2024 and he has been languishing in jail hazot since 24.11.2024, and today is the 60th day and the mandatory period is over today and no charge-sheet has been submitted till date and as such, it is contended to allow the petition.
#5. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor, Assam, submits that he has received the case diary and the FSL report is not available in the same and no charge-sheet has been submitted till date.
#6. Taking note of the submission of learned Advocates of both the parties and also considering the fact that the accused is behind the bar for last 60 days and no charge- sheet has been submitted till date, this Court is inclined to allow this petition. It is provided that on furnishing a bail bond of ` 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge under NDPS Act, Dhubri, the accused, namely, Jiyarul Rahman, shall be enlarged on bail.
#8. In terms of above, this bail application stands disposed of. CD be returned. Sd/- Robin Phukan JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of above, this bail application stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483; Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.