Sofiqul Islam Alias Safiqul Islam vs The Union Of India
2023 Latest Caselaw 1613 Gua

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GAHC010057002023




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

                               Case No. : Bail Appln./1060/2023

            SOFIQUL ISLAM ALIAS SAFIQUL ISLAM
            S/O LATE SUJAB ALI SARKAR
            R/O SUBHSH NAGAR,
            WARD NO. 12, AMCO ROAD,
            P.S. DHUBRI,
            DIST. DHUBRI, ASSAM

            VERSUS

            THE UNION OF INDIA
            REP. BY SC, NCB

Advocate for the Petitioner   : MS. S K NARGIS

Advocate for the Respondent : SC, NCB




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

25.04.2023

Heard Ms. S.K. Nargis, learned counsel appearing for the accused petitioner as well as Mr. S.C. Keyal, learned Standing Counsel, NCB.

By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Sofiqul Islam alias Safiqul Islam has prayed for grant of bail in connection Page No.# 2/3

with NDPS Case No. 60/2019 under Sections 8(c)/21(c)/29 of the NDPS Act, 1985 arising out of NCB Crime No.03/2019.

The scanned copy of the case record is placed before the Court.

Ms. S.K. Nargis, learned counsel appearing for the accused petitioner, submits that the accused has been languishing in judicial custody for 1197 days on charges being framed under Sections 21(c)/22(c) read with Section 29 of the N.D.P.S. Act on 20.12.2021 against him and others. Ms. Nargis further submits that thereafter, only 03(three) witnesses out of listed 11(eleven) witnesses in the charge-sheet are examined till date. Therefore, Ms. Nargis submits that the accused may be directed to be released on bail subject to any condition. In support of her submission, Ms. Nargis has relied on the judgments and order passed by this Court in - (i) Sofiqul Islam @Safiqul Islam, passed in Crl. Pet. No. 99/2022 and (ii) Ramesh Bhutiani Vs. State of Assam in Bail Appln. No. 513/2023 as well as the judgment passed by the Hon'ble Supreme Court in Mohd. Muslim @Hussain Vs. State (NCT of Delhi) reported in 2023 LiveLaw (SC) 260.

Per contra, Mr. S.C. Keyal has raised strong objection against grant of bail to the accused on the grounds, inter-alia, in view of the ratio of the citations referred to in the bail rejection order passed by this Court in B.A. No. 193/2023, dated 03.04.2023.

Perused records.

In view of the above rival contentions of both sides, let a report be called for from the learned trial Court giving details of dates of orders for issuing summons etc. to the prosecution witnesses and the actual dates of taking steps Page No.# 3/3

against each such orders and further, whether returned after service etc.

The report shall bear mention of the authority for taking steps and service of process as directed by the learned trial Court.

The report may also bear mention of the common basic causes for non- service of Court processes and non-appearance of the witnesses.

The above reports are necessary as these information are not clearly ascertainable form the scanned copy of the case record.

In the meantime, the respondent/N.C.B. may file an additional affidavit on their stand in the context of the above situation in the case.

         List   after   3(three)      weeks.




                                                           JUDGE


Comparing Assistant