Md. Intadur Rahman vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. P. Borah, learned counsel for the accused-petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent State

of Assam.

By this application under Section 439, Code of Criminal Procedure (CrPC), 1973, the accused-petitioner viz. Md. Intadur Rahman has prayed for

his release on bail, as he is in custody since 11.08.2020, in connection with Juria Police Station Case no. 308/2020, registered under Section 22(C) of

the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

The accused-petitioner has submitted that as per the seizure list, 40 nos. of bottles of Dasline CD syrup and 1 gram of suspected heroin were

recovered. According to him, Dasline CD syrup contains Codeine Phosphate. He has further submitted that along with the accused-petitioner, two

other accused persons viz.

(1) Soriful Islam and (2) Mojibur Rahman were arrested along with the accused-petitioners. Both these two co-accused persons have already been

released on bail by an order dated 03.09.2020 (Page : 19-21) by the learned Special Judge, Nagaon. On the other hand, the accused-petitioner has

remained incarcerated since 11.08.2020.

It is not mentioned in the application when the charge sheet has been submitted in the case. It appears from the order dated 14.12.2020 (Page : 24)

that after completion of investigation, the I.O. of the case has submitted the charge sheet. Pursuant to the submission of the charge sheet, the case

has been registered as Special (NDPS) Case no. 47(N)/2020. It further transpires that charge sheet was submitted under Section 22(b)/22(c) of the

NDPS Act.

For the purpose of consideration of bail prayer of the accused-petitioner, perusal of the concerned case records and case diary would be necessary.

The scanned copies of case records of Special (NDPS) Case no. 47(N)/2020 and concerned case diary along with the status report be requisitioned

from the Court of learned Special Judge, Nagaon.

List the case on 20.07.2021.

A copy of this order be brought to the notice of the Registrar (Judicial) for doing the needful from his end.