MOFIDUL HAQUE (MD) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri A.K. Bhattacharyya, learned Senior Counsel assisted by Shri D.K. Bhattacharyya, learned counsel for the applicant, namely, Md. Mofidul Haque, who has filed this bail application under Section 439 of the Cr.P.C. praying for bail in connection with NDPS Case No. 17/2021 arising out of Dhing PS Case No.505(N) / 2020 under Sections 17(b) /18(c) / 20(b) (ii) (C) / 21(C) / 25 / 27A / 29(1) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The State is represented by Shri B. Sharma, learned Addl.Public Prosecutor, Assam.

(2.) Pursuant to the orders of this Court, the scanned copies of the LCR have been received.

(3.) Shri Bhattacharyya, learned Senior Counsel for the applicant fairly submits at the outset that on two earlier occasions, the prayer for bail of the petitioner have been rejected. The learned Senior Counsel, however, submits that there were certain points which were not brought to the notice of this Court and those points are relevant for coming to a just decision. It is submitted that as on 1.9.2021, the applicant has completed 267 days in custody and he was arrested merely on suspicion as he was physically present in the house of the prime accused-Habil Ali during the search and seizure.