Gauhati High Court
Mohammad Taslim Ahamad vs The Union Of India on 1 August, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010142862022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1729/2022
MOHAMMAD TASLIM AHAMAD
SON OF SIRAJ AHAMAD
R/O VILL- THOUBAL KIYAM
LITANPOK, MOIJING, P.O. AND P.S. THOUBAL, DIST. THOUBAL, MANIPUR,
PIN-95138
VERSUS
THE UNION OF INDIA
REP. BY THE STANDING COUNSEL OF THE DIRECTORATE OF REVENUE
INTELLIGENCE.
Advocate for the Petitioner : MR. Y S MANNAN
Advocate for the Respondent : SC, DRI
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
01.08.2022 Heard Mr. Y. S. Mannan, learned counsel for the petitioner. Also heard Mr. S. C. Keyal, learned standing counsel, D.R.I. By this petition under Section 439 Cr.P.C., the petitioner, namely, Mohammad Taslim Ahamad, has prayed for grant of bail in connection with DRI Case No. 01/CL/NDPS/HEROIN/DRI/GZU/2022-23 being registered u/s 8(C), 21, 22(C), 23(C) and 25 of the NDPS Act, 1985.
The status report of the case, as called for, is placed before this Court.
Page No.# 2/3 Mr. Y. S. Mannan, learned counsel for the accused petitioner submits that the accused has been in judicial custody for last 85 days despite being absolutely innocent and on pure suspicion only. Mr. Mannan further submits that no contraband heroin was seized from his exclusive and conscious possession, but seized on the basis of statements of co-accused persons. Mr. Mannan also submits that the accused is a personal of Manipur Police and therefore, there is no chance of jumping the conditions of bail, if granted.
Opposing the bail application, Mr. S. C. Keyal, learned Standing Counsel for D.R.I., submits that the investigation reveals that the accused has been involved in drug trafficking along with his associates and he facilitated the arrested co-accused persons in selling of drugs in Guwahati. Therefore, Mr. Keyal submits that in view of Section 37 of the N.D.P.S. Act, the bail application may be rejected.
The case relates to recovery and seizure of 807.18 gram of heroin approximately valued at Rs.5,65,02,600/- contained in 65 number of soap boxes.
It is noticed that the accused has been in judicial custody since 06.04.2022, that is, for 117 days.
A perusal of the status report reveals sufficient prima facie incriminating evidence against the accused petitioner.
It is seen that the accused came from Imphal and stayed in a hotel at Guwahati along with the co-accused persons for illegal dealings in drugs. His driving license, after investigation, found to be a fake one.
On a careful scrutiny of the evidence placed before this Court, it is revealed that the accused cannot be said to have not been involved in drug trafficking and that he will not resume such illegal drug smuggling while on bail, if granted.
Therefore, the bail application stands rejected.
Page No.# 3/3 Return the case status report to the learned standing counsel, D.R.I. This disposes of the bail application.
JUDGE Comparing Assistant