Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 21 January, 2025
Page No.# 1/3
GAHC010279582024
2025:GAU-AS:568
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./15/2025
MD JAMIR UDDIN @ JOMIR UDDIN
S/O ABDUL MOTLAB
R/O 2 NO. PARBORIPUR
P.S. BIHPURIA
DIST. LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM,MR. H KAKATI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
21.01.2025
Heard Mr. B. Islam, learned counsel for the accused and Mr. M.P.
Goswami, learned Additional Public Prosecutor for the State respondent.
2. This application under Section 483 of the BNSS, is preferred by accused
namely, Md. Jamir Uddin @ Jomir Uddin, who has been languishing in jail
hazot in connection with the Laluk P.S. Case No. 201/2024, under Sections
21(b)/29 of the NDPS Act, for granting bail.
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3. It is to be noted here that the said case has been registered on the
basis of an F.I.R. lodged by S.I. Chiranjib Boruah, on 23.11.2024. The essence
of allegations in the F.I.R. against the applicant is that on 22.11.2024, at about
06:00 pm, during Naka checking, the informant has intercepted one bus,
bearing registration No. AS-07-AC-9487 and apprehended two persons, namely,
Md. Jamir Uddin and Sri Suraj Das and recovered three soap boxes wrapped in a
black colored polythene containing orange coloured suspected heroin from their
possession.
4. Mr. Islam, learned counsel for the accused submits that altogether
29.21 grams of suspected heroin was allegedly recovered from the possession
of the accused persons and that the quantity of the contraband substance so
recovered from the possession of the accused is of intermediate quantity. Mr.
Islam further submits that the mandatory period for submitting charge sheet,
under Sections 21(b)/29 of the NDPS Act, is 60 days. Mr. Islam also submits that
the accused was arrested on 23.11.2024, and since then he has been
languishing in jail hazot for last 59 days and till date no charge sheet has been
submitted by the I.O. and therefore, he has contended to allow the petition.
5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor
submits that as per his information no charge sheet has been submitted till
date. Mr. Goswami further submits that as the accused has been languishing in
jail hazot for last 59 days and the mandatory period for submitting charge
sheet, under Sections 21(b)/29 of the NDPS Act, is 60 days, he has opposed
granting the privilege of bail to the accused at this stage.
6. Having heard the submissions of learned counsel for both the parties, I
have carefully gone through the petition and the documents placed on record.
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7. It appears that the accused was arrested on 23.11.2024 and he was
forwarded to the jail hazot on the same day and since then he is behind the bar
for last 59 days and till date no charge sheet has been submitted by the I.O.
8. It also appears that the quantity of contraband substance recovered
from the possession of the accused is of intermediate quantity and the
mandatory period for submitting charge sheet, under Sections 21(b)/29 of the
NDPS Act, is 60 days and since today is the 59 th day, there is no possibility of
submission of charge sheet within the stipulated period of 60 days.
9. Taking note of the aforementioned facts and circumstances, this court
is inclined to allow this petition. It is provided that on furnishing his bond of Rs.
50,000/- only with one surety of like amount to the satisfaction of the learned
Special Judge, NDPS Act, Lakhimpur, North Lakhimpur the accused be
enlarge on bail.
10. In terms of above this B.A. stands disposed of.
JUDGE
Comparing Assistant
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