Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 26 March, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010180972024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2664/2024
SHAHINUB ALI AND ANR
S/O JOHIRUDDIN BEPARI, R/O CHAGOLIA PART II, P.O. AND P.S.-
GOLAKGANJ, DIST- DHUBRI, ASSAM
2: SHAHRUF ALI
S/O LATE FOZURUDDIN ALI
R/O CHAGOLIA PART II
P.O. AND P.S.-GOLAKGANJ
DIST- DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR A W AMAN, MR S A BARBHUYAN,MR SARFRAZ
NAWAZ,MR. SURAJIT DAS
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 26/03/2025 Heard Mr. S Das, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent.
2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely,
(i) Shahinub Ali, son of Johiruddin Bepari and (ii) Shahruf Ali, son of late Fozuruddin Ali, both are residents of Chagolia Part-II, P.O. & P.S. Golakganj, District-Dhubri, on 31.08.2024, seeking bail in Golakganj P.S. Case No. 301/2023 registered under Sections 21(c)/22(b)/29 of NDPS Act corresponding to G.R. No. 1193/2023, wherein he was arrested on 15.07.2023 and is in custody since then.
3. Matter relates to recovery of (i) total 7 nos. of Roscof Cough Syrup (Codeine Phosphate) 100 ml. each, (ii) total 2 nos. of Roscof Cough Syrup (Codeine Phosphate) 100 ml. each, (iii) Total 1 nos. of Roscof Cough Syrup (Codeine Phosphate) 100 ml. each, (iv) Total 100 nos. of Nitcor-10 (Nitrazepam Tablets I.P. 10 mg., (v) Total 100 nos. of Nitcor-10 (Nitrazepam Tablets I.P. 10 mg., (vi) one brown colour hand bag written POLO-3 where the seized narcotic drugs were concealed and (vi) one POCO mobile handset from the possession of the petitioners.
4. The petitioners at this stage submitted that the prosecution at the time of their arrest did not comply with the provisions of Sections 50 and 50A of the Cr.P.C. and thereby violated the provision of Article 21 of the Constitution of India, though the said ground was not taken in the present bail application at the time of its filing.
5. Mr. Goswami, learned Additional Public Prosecutor, Assam submitted that out of 9 prosecution witnesses named in the charge-sheet in the case, the prosecution has adduced evidence of 8 of such witnesses and presently the matter is pending for recording of evidence of only one witness on behalf of the prosecution.
6. Issue notice to the State, enabling it to file its reply by way of an affidavit pertaining to non- compliance of the provisions of Sections 50 and 50A of the Cr.P.C. at the time of arrest of the Page No.# 3/3 petitioners.
7. List this matter on 09.04.2025.
JUDGE Comparing Assistant