Gauhati High Court
Rijumoni Ahmed vs The State Of Assam on 15 December, 2018
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010242732018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 2523/2018
1:RIJUMONI AHMED
S/O TOBIB ALI, VILLAGE PANIGAON, PS BELSOR , DIST NALBARI, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY PP ASSAM
Advocate for the Petitioner : MR. I CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 15-12-2018 Heard Mr. I Choudhury, learned counsel for the accused-petitioner as well as Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State respondent.
This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Rijumoni Ahmed, in connection with Hajo P.S. Case No. 690/2018 under Section 22(C) of Page No.# 2/3 the NDPS Act.
Case diary called for is placed before the court.
Mr. Choudhury, learned counsel for the accused-petitioner submits that 47 bottles of kuffacre-T cough syrup contained codeine amounting to 180 mg per bottle and as such, the case comes within the ambit of Section 22(B) of the said Act and that the accused-petitioner has completed 98 (ninety eight) days of detention in connection with the aforesaid case since he was arrested on 09.09.2018.
Mr. NK Kalita, learned Additional Public Prosecutor submits that the FSL report shows that each bottle contained 180 mg of codeine phosphate and if the average codeine contained in 47 bottles of cough syrup is calculated, the quantum of codeine phosphate comes within the offence of Section 22(B) of the NDPS Act for which prescribed period of statutory detention is 60 (sixty) days although case is registered under Section 22(C) of the said Act.
The case relates to recovery and seizure of 47 bottles of kuffacre-T cough syrup and 1 (one) box of SPAX-POKRAN plus capsules out of the possession of the present accused-petitioner and another for which possession, the accused-petitioner failed to produce on demand any documents in support of legal possession thereof.
Perusal of the case diary reveals prima facie incriminating materials against the accused-petitioner. However, the FSL report shows that the cough syrup gave positive test for codeine phosphate containing 180.4 mg in each bottle and the capsules gave negative test for the Narcotic Drugs and Psychotropic Substances. The investigation has also substantially progressed and as such, this court finds that further detention of the accused-petitioner is not required for the purpose of investigation of the case.
For the reasons set forth above, it is directed that the accused-petitioner, namely, Rijumoni Ahmed, shall be released on bail of Rs. 50,000/- with 1 (one) suitable surety of like amount to the satisfaction of the learned Special Judge (NDPS Act), Kamrup at Amingaon subject to the following conditions:-
1. That the accused person shall subject himself to interrogation as and when required and co-operate in investigation.
2. That the accused person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and
3. That the accused person shall not commit any offence similar to the offence of which he is suspected commission.
This bail application stands disposed of accordingly.
Page No.# 3/3 Return the case diary to the learned Additional Public Prosecutor.
JUDGE Comparing Assistant