Sohrab Khan vs The Union Of India And Anr
2021 Latest Caselaw 1610 Gua

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GAHC010079232021




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

                                 Case No. : I.A.(Crl.)/256/2021

            SOHRAB KHAN
            S/O. LATE JALIL KHAN, R/O. SALEMPUR, P.O. BAJAORA, P.S. DOBHI, DIST.
            GAYA, BIHAR- 824201



            VERSUS

            THE UNION OF INDIA AND ANR.
            REP. BY NCB

            2:ANJANI KUMAR
             INTELLIGENCE OFFICER
             NARCOTICS CONTROL BUREAU
             GUWAHATI ZONAL UNIT
            VIP ROAD
             RUPKUNWAR PATH
             CHACHAL
             GHY- 2

Advocate for the Petitioner   : MS. A MESEN

Advocate for the Respondent : SC, NCB




             Linked Case : Crl.A./360/2019

            SHRI RAM MILAN AND ANR
            S/O- LATE SHIV KUMAR
            R/O- UNCHAHAR
            P.O. BAJAORA
                                                 Page No.# 2/5

P.S. UNCHAHAR
DIST.- RAEBARELI
UTTAR PRADESH- 229404.

2: MD. ABDUL KALAM
S/O- MD. SAIFULLAH
 R/O- MINUTHONG GOLAPATTI
 P.O. BAJAORA
 P.S. PROMPAT
 DIST.- IMPHAL EAST
 MANIPUR- 795005.
VERSUS

THE UNION OF INDIA AND ANR
REP. BY NCB

2:ANJANI KUMAR
INTELLIGENCE OFFICER
 NARCOTICS CONTROL BUREAU
 GUWAHATI ZONAL UNIT
 VIP ROAD
 RUPKUNWAR PATH CHACHAL
 GUWAHATI- 781022.
 ------------

Advocate for : MS. S K NARGIS Advocate for : SC NCB appearing for THE UNION OF INDIA AND ANR

Linked Case : Crl.A./393/2019

MD. SOHRAB KHAN S/O- LATE JALIL KHAN R/O- SALEMPUR P.O. BAJAORA P.S. DOBHI DIST.- GAYA BIHAR- 824201.

VERSUS

THE UNION OF INDIA AND ANR REP. BY NCB.

2:ANJANI KUMAR INTELLIGENCE OFFICER Page No.# 3/5

NARCOTICS CONTROL BUREAU GUWAHATI ZONAL UNIT VIP ROAD RUPKUNWAR PATH CHACHAL GUWAHATI- 781022.

------------

Advocate for : MR A K AZAD Advocate for : SC NCB appearing for THE UNION OF INDIA AND ANR

Linked Case : I.A.(Crl.)/258/2021

ABDUL KALAM S/O. MD. SAIFULLAH R/O. UNCHAHAR P.O. BAJAORA P.S. PROMPAT DIST. IMPHAL EAST MANIPUR- 795005

VERSUS

THE UNION OF INDIA AND ANR. REP. BY NCB

2:ANJANI KUMAR INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU GUWAHATI ZONAL UNIT VIP ROAD RUPKUNWAR PATH CHACHAL GUWAHATI- 781022.

------------

Advocate for : MS. S K NARGIS Advocate for : SC NCB appearing for THE UNION OF INDIA AND ANR.

Linked Case : Crl.A./288/2019

MD. MUJIBUR RAHMAN S/O- MD. SAIFULLAH OF HATTA P.O. AND P.S. POROMPAT Page No.# 4/5

IMPHAL EAST DISTRICT MANIPUR PIN- 795005.

VERSUS

NARCOTICS CONTROL BUREAU INDIA

------------

Advocate for : MR H R A CHOUDHURY Advocate for : SC NCB appearing for NARCOTICS CONTROL BUREAU

-BEFORE-

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON'BLE MR. JUSTICE ROBIN PHUKAN

21-06-2021 (Sudhanshu Dhulia, CJ)

The matter is taken up through video conferencing. Heard Mr. HRA Choudhury, learned senior counsel for the applicant in IA(Crl) 256/2021 and Mr. SC Keyal, learned standing counsel, NCB for the respondents.

The applicant/appellant, namely, Sohrab Khan has been convicted under Sections 17(c)/21(c) of the NDPS Act vide judgment and order dated 22.04.2019 passed by the District & Sessions Judge, Kamrup (Metro), Guwahati in NDPS Case No.38/2016 and has been sentenced to undergo rigorous imprisonment for twenty years with fine of Rs.2 lakh, in default, rigorous imprisonment for another one year.

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The applicant/appellant is in jail since 07.05.2016, i.e. more than five years. His earlier bail application has been rejected by this Court. Now, the applicant/appellant has prayed for releasing him on a short term bail on grounds that his wife is suffering from cancer and there is no one to look after her.

We have asked the learned counsel appearing for the respondents to get instructions in the matter and on enquiry, it has been found that the wife of the applicant/appellant though is suffering from cancer but the major reports are of 2019 and there is no latest medical report. She is presently residing with her parents in district Gaya, Bihar and she is being looked after by her parents and brothers.

Since a paper book has already been prepared in this case, the matter be listed for final hearing on 14.07.2021.

Meanwhile, although we are presently not inclined to release the applicant/appellant on a short term bail, but the prayer to visit his wife at this stage when she has a medical problem seems to be genuine. In case the applicant/appellant can make arrangement to bring his wife to Guwahati, this Court will consider releasing the applicant/appellant for a day or two on police custody to visit his wife.

               JUDGE                               CHIEF JUSTICE



Comparing Assistant