Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 3 December, 2020
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/2
GAHC010161482020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2475/2020
ASHIK ALI MONDAL AND ANR
S/O TARUL HOQUE, VILL-SAT VELAKOBA, P.S.-TUFANGANJ, DIST-COOCH
BEHAR (WEST BENGAL)
2: MOFIJUDDIN MANDAL @ MAFIZ UDDIN MONDAL
S/O AFJAL MONDAL
VILL-SAT VELAKOBA
P.S.-TUFANGANJ
DIST-COOCH BEHAR (WEST BENGAL
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A T SARKAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
03.12.2020 Heard Mr. S. Munir, learned counsel for the accused-petitioners and Mr. N.K. Kalita, learned Addl. PP Assam for the State/respondent.
By this petition under Section 439 Cr.P.C., the petitioners, namely, 1. Ashik Ali Mondal and 2. Mofijuddin Page No.# 2/2 Mandal @ Mafiz Uddin Mondal have prayed to release them on bail, in connection with Golakganj P.S. Case No. 728/2020 (Corresponding to G.R. Case No. 3552/2020) under Section 22(C)/29 of the NDPS Act.
The case diary, as called for, is placed before the Court. Mr. S. Munir, learned counsel for the accused-petitioners, submits that both the accused persons, who are 19 and 27 years old, have been behind the bar for 109 days and the investigation is yet to be completed. Mr. N.K. Kalita, learned Addl. PP, opposing the bail prayer submits that the samples of seized tablets numbering 1800+1740 from the joint possession of the accused persons gave positive tests for Methamphetamine, which is a prohibited item and amounts to commercial quantity.
The case relates to illegal possession of 1800 no. of Yuva tablets containing Methamphetamine by the accused persons, which amounted to commercial quantity.
As stated above, the accused persons are in judicial custody for 109 days, the FSL report prima facie shows that the seized substance is Methamphetamine, which amounts to commercial quantity. The investigation is yet to be completed. Therefore, this Court is of the view that on consideration of the evidence so far collected by the investigating officer, the accused is not entitled to be released on bail at the present stage of investigation. Accordingly, the bail application stands dismissed.
Return the case diary.
This disposes off the bail application.
JUDGE Comparing Assistant