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Gauhati High Court · body

2016 DIGILAW 917 (GAU)

Md. Mujammel Hussain & Anr. v. State of Assam

2016-10-05

AJIT SINGH

body2016
Ms. S.K. Nargis, learned counsel and Ms. B. Hazarika, learned counsel for the applicants. Mr. M. Phukan, learned Additional Public Prosecutor, Assam for the respondent. This is an application under Section 439 of the Code of Criminal Procedure for grant of bail on behalf of the applicants – Md. Mujammel Hussain and Md. Taffajul Hussain. The applicants have been arrested on 15.08.2016 by the police for offences under Section 21(a), 22(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act registered at Moirabari Police Station vide Case No. 303/2016. According to the prosecution case, the police have seized 17 bottles of cough syrup from applicant No. 1 and 34 bottles of cough syrup from applicant No. 2. It is argued on behalf of the applicants that they are innocent and have been falsely implicated. On due consideration of the facts and circumstances of the case and also considering the fact that the applicants are in jail since 15.08.2016, I deem it proper to grant bail to them. It is accordingly directed that the applicants - Md. Mujammel Hussain and Md. Taffajul Hussain be released on bail in connection with the aforesaid case on their furnishing bail bond of Rs.25,000/- each with one surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Morigaon. The bail application is allowed.