UMMER FAROOQ @ UMMER FAROOQ MAMMUNHI v. THE UNION OF INDIA
Bail Appln./918/2025 · 2025-03-26
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9718 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9718 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010062162025
2025:GAU-AS:3612
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./918/2025 UMMER FAROOQ @ UMMER FAROOQ MAMMUNHI S/O MAMUNNHI R/O NITHYANANDA MADAM KOYIPADDY, KASARGOD, P.S. KUMBLA DIST. KASARGOD,KERALA. VERSUS THE UNION OF INDIA REP BY THE DRI GUWAHATI Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR H ALI,MD N ABED Advocate for the Respondent : SC, DRI,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 27.03.2025
Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Mr. M. K. Boro, learned Standing Counsel, DRI for the respondent. 2. This is an application under Section 483 of the BNSS, 2023, praying for the grant of bail to the accused/petitioner, who was arrested on 20.12.2024 in connection with DRI Case No. 23/CL/NDPS/CANNABIS/DRI/GZU/2024-25, under Sections 8(c)/20(b)(ii) (B)/23(c)/20 of the Narcotic Drugs and Psychotropic Substances Act. 3. Mr. Ali, learned counsel for the petitioner, has submitted that the statutory period of 60 days has already been over and today is 95 days the accused/petitioner is behind the bar and till date, the charge sheet has not been filed by the Investigating Officer. Accordingly, he submits that, without delving into the merits of the case, the accused/petitioner is entitled to be released on default bail. 5. In response, Mr. Boro, learned Standing Counsel, DRI, submitted that although the case has been registered under Section 20(b) of the NDPS Act, with the allegation that the seized substance is hydroponic weed (cannabis) with a market value exceeding Rs. 3 crores, the Investigating Officer has yet to submit the charge sheet in this case. 6. Considering the submissions made by the learned counsels for both sides, and noting that the Investigating Officer has failed to file the charge sheet within the stipulated period of 90 days, I find this to be a fit case to extend the privilege of bail to the accused/petitioner, without going through the merit of the case. 7. Accordingly, it is provided that on furnishing a bond of Rs.
20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge (NDPS), Kamrup (M), Guwahati, the accused/petitioner, namely, Ummer
Page No.# 3/3 Farooq @ Ummer Farroq Mammunhi, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge (NDPS), Kamrup (M), Guwahati, without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant