Md. Ikram Ali And Anr vs State Of Assam

The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

Heard Mr. JI Borbhuiya, learned counsel for the petitioners. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State

respondent.

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioners, namely, 1. Md. Ikram Ali and 2. Md. Kamal Ali, in

connection with NDPS Case No. 23/2020 registered under Section 22(C) of the NDPS Act.

Mr. Borbhuiya, learned counsel for the petitioners has submitted that the accused-petitioners are in custody w.e.f. 17.06.2020 and the trial of the case

has not been progressed. It has further been submitted that during the COVID-19 pandemic the trial of the case has not taken place, thus the

petitioners are in custody for an inordinate period of time.

The scan copy of the record as well as the status report has been received. It appears from the status report, particularly, the order dated, 03.03.2021,

that on that day, the learned court below examined two witnesses and were also discharged after cross-examination and the case has been posted for

examination of forensic expert and seizure witnesses, meaning thereby that the case is pending for examination of official as well as formal witnesses

only.

That being so, in the considered view of this Court, this is not a fit case to grant bail to the accused-petitioners at this stage. However, so far the

forensic expert is concerned, the learned court below may take initiative to examine him through video-conferencing and also to take appropriate steps

with regard to other witnesses at the earliest taking into account that both the accused-petitioners are in custody for about a year now.

In view of the above, this Court desires the learned court below to take up the matter as expeditiously as feasible. If the petitioners renew their prayer

for bail before the learned court below, the same be considered on merits considering all relevant facts. They will also furnish a copy of this order so

as to enable the learned court below to take appropriate steps for expeditious hearing.

With the above observations and directions, this petition stands disposed of.