Gauhati High Court
Md. Fakrul Islam vs The State Of Assam on 20 July, 2022
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GAHC010048512022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./565/2022
MD. FAKRUL ISLAM
S/O LATE MANUHOR ALI
R/O VILL- BORHAWAR
P.S. MURAJHAR, DIST. HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. K D SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 20.07.2022
Heard Mr. NJ Dutta, learned counsel for the accused petitioner and Mr. BB Gogoi,
learned Additional Public Prosecutor, Assam for the State respondent.
By this petition under Section 439 Cr.P.C., the petitioner, namely, Md. Fakrul Islam
has prayed for granting bail in connection with Murajhar P.S. Case No. 90/2012
( Special NDPS Case No.30 (H)/2021 ) under Section 22 ( c) of NDPS Act.
The scanned copy of the case record is placed before the Court.
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Mr. NJ Dutta, learned counsel for the accused petitioner, submits that the accused has
been languishing in jail since 06.08.2021, based on the statement of the co-accused
recorded under Section 161 CrPC, which has no evidentiary value. Mr. Dutta further
submits that after framing charges under Section 22 ( C)of the NDPS Act read with
Section 34 of the IPC, the learned trial court has examined 01 (one) witness, who has not
implicated the accused. Therefore, Mr. Dutta relying on the judgments rendered in the
cases of 1.Ghulam Modh. Bhat -vs- NCB, 2. Yash Jayeshbhai Champaklal Shah -vs-
State of Gujarat, 3. Vikrant Singh & Ors -vs- State of Punjab, 4. Rajveer Singh -vs-
Union of India and 5. Union of India -vs- Rattan Mallik allia Habul reported in (2009) 2
SCC 624 has submitted to release the accused on bail subject to any condition.
Per contra, Mr. BB Gogoi, learned Additional Public Prosecutor, submits that the
accused is named in the FIR and the case diary reveals that the present accused entrusted
450 kg of ganja contained in 37 number of packets to the co-accused driver and
handyman for transportation, which they accordingly were transporting by the seized
vehicle bearing registration NL 01A 2892 ( Truck) from Debasthan to Lanka. As the case
is in evidence stage, Mr. Gogoi submits, grant of bail to the accused petitioner, who is
the kingpin in the case, would totally jeopardise a fair and speedy trial of the case.
The case relates to recovery and seizure of 450 kg of ganja contained in 37 number of
packets while carried in a truck.
I have given due consideration to the above submissions made by the learned counsel for
both sides and perused records as well as the judgments rendered by the learned counsel
for the accused petitioner.
A perusal of the case record along with the case diary, it is revealed that the present
accused petitioner is the prime accused in the case, prima facie with the aid of Section
29 of the NDPS Act. The case involves commission of offence in respect of huge
commercial quantity of ganja (cannabis). The learned trial court surprisingly framed
charge under Section 22 ( C) of the NDPS Act only vide order, dated 21.01.2022.
Thereafter, the learned court has examined only 01 (one) prosecution witness. Therefore,
without examination of the remaining cited material witnesses, it is too early to infer a
presumption that the accused petitioner was absolutely innocent, applying the principles
laid in the above cited judgments by the learned counsel for the accused petitioner and
accordingly in the opinion of this court, granting him of bail may likely to hamper a
smooth and fair trial of the case.
For the above stated reasons, the bail application stands rejected.
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However, the accused petitioner is granted liberty to file a fresh bail application before
the learned trial court and if such bail application is filed, the same shall be considered
and disposed of at an appropriate stage of trial of the case in accordance with law.
The bail application stands disposed of.
JUDGE
Comparing Assistant
