ABDUL MOHIT BARBHUIYA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Pandit, learned counsel for the petitioner who has submitted that this is an application filed under Sec. 439 Cr.P.C with a prayer for grant of bail to the petitioner, Shri. Abdul Mohit Barbhuiya, who is currently in custody in connection with Crl. NDPS Case No. 3 of 2023 arising out of Lumshnong P.S. Case No. 04 (01) 2023 under Sec. 22(c)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) According to the learned counsel, the brief facts of the case is that on 12/1/2023, the petitioner herein along with other passengers were travelling in a vehicle bearing registration No. ML-11-3832, whereby they were intercepted by the police at Naka checking at Umkiang and on a search being conducted, contraband substances suspected to be Amphetamine, popularly known as Yaba Tablets was seized from the said vehicle and from one person travelling in the said vehicle. Accordingly, an FIR dtd. 12/1/2023 was lodged in this regard and investigation was launched. In the meantime, all the persons who were travelling in the said vehicle were detained in custody. In due course, two of the co-accused persons were released on bail by the learned Trial Court.

(3.) It is the submission of the learned counsel that the petitioner has approached this Court, mainly on two grounds, firstly, that he is entitled to grant of bail on the principle of parity, inasmuch as, when two co-accused persons have been enlarged on bail, it would be, but proper for the same treatment to be accorded to him in line with the provision as provided under Article 14 of the Constitution of India read with Article 21 of the same, the second ground raised by the petitioner is that he is a sick person suffering from epileptic seizure which would occur from time to time and putting his life in danger, if proper treatment is not given to him. In fact, while, he was in custody in the jail, he was referred for treatment to the hospital on two occasions. Further, the learned counsel has submitted that the petitioner is innocent and the alleged contraband substance was never recovered from his possession. It is therefore prayed that this application may be allowed and that he may be enlarged on bail with any conditions that this Court may deem fit and proper to impose.