Md Ali Hussain vs The State Of Assam
2021 Latest Caselaw 1577 Gua

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GAHC010067852021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Bail Appln./850/2021

            MD ALI HUSSAIN
            S/O. FAIJUR RAHMAN, R/O. DABAKA TOWN, WARD NO.7, PURAN BAZAR,
            P.S. DABAKA, DIST. HOJAI, ASSAM.

            VERSUS

            THE STATE OF ASSAM
            REP. BY PP, ASSAM.



Advocate for the Petitioner   : MR. S MUNIR

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                           ORDER

04-06-2021 Heard Shri E. Ahmed, learned counsel for the petitioner namely Md. Ali Hussain, who has filed this application under Section 439 of the Cr.P.C. praying for bail in connection with Case No. NDPS 40/2020 pending before Addl. District & Sessions Judge FTC Sankardev Nagar, Hojai corresponding to Daboka P.S. Case No. 183/2020 under Section 21(C)/22(C) NDPS Act.

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Pursuant to the order of this Court, the scanned copies of the Case Diary along with the Status Report have been received.

The learned counsel has submitted that firstly the petitioner is behind the Bars for a sufficient long period and further custodial interrogation may not be necessary. Secondly, he submits that the amount in question does not fall within the commercial quantity.

The learned counsel has also referred to the Gazette Notification dated 26.04.2018 whereby in case of Tramadol, the commercial quantity has been stated to be 250 gm.

On the other hand, Shri T.K. Mishra, the learned Addl. Public Prosecutor, Assam submits that the contraband in question being seized from the possession of the petitioner, releasing him at this stage would not be in the interest of justice. He further submits that as per the latest Supreme Court judgment, the weight of the entire quantity should be taken to determine the status and in this case the total weight falls within the commercial quantity.

After considering the aforesaid facts & circumstances and also the nature of offence involved, this Court is not inclined to grant the privilege of bail to the petitioner.

Accordingly the same is rejected.

JUDGE

Comparing Assistant