Md. Sahibuddin @ Kazi Shihab Uddin 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.

None has appeared for the accused-petitioner today on call. Mr. R.J. Baruah, learned Additional Public Prosecutor has appeared for the respondent

State of Assam.

By this application under Section 439, Code of Criminal Procedure (CrPC), 1973, the accused-petitioner viz. Md. Sahibuddin Kazi @ Shihab Uddin

has prayed for his release on bail, as he is in custody since 22.12.2020, in connection with Gorchuk Police Station Case no. 751/2020, registered under

Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substance Act.

The First Information Report (FIR) was lodged on 22.12.2020 alleging that a quantity about 400 grams of suspected heroin was recovered from a

bag carried by the accused-petitioner. After recovery, the said quantity of suspected heroin was seized on 22.12.2020. After his arrest, the accused-

petitioner was remanded to custody on 23.12.2020 and since then, the accused-petitioner is in custody.

Learned Additional Public Prosecutor has submitted that after completion of investigation, the Investigating Officer (I.O.) of the case has already

been submitted a charge sheet being Charge Sheet no. 84/2020 dated 31.05.2021 in connection with Gorchuk Police Station Case no. 751/2020 finding

a prima facie case against the accused-petitioner.

In view of the afore-stated fact situation obtaining in the case and also non-representation on behalf of the petitioner, this application preferred

under Section 439, CrPC is dismissed. The accused-petitioner is, however, at liberty to approach the jurisdictional Special Court to seek the benefit of

bail by filling an appropriate application and if such an application is filed, the jurisdictional Special Court shall consider the same on merits in

accordance with law.