SC sets aside Gauhati High Court order granting bail to accused arrested with morphine

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The Supreme Court has set aside a Gauhati High Court order which granted bail to two men, accused of possessing about 13 kgs of morphine in a motor vehicle.

A bench of Chief Justice UU Lalit, along with Justice Bela M. Trivedi on Friday set aside the Gauhati High Court order granting bail to the two accused.

The Gauhati High Court granted relief of bail to accused named Khalil Uddin and Md Abdul Hai alias Abdul Hai Talukdar in connection with crime registered pursuant to the Narcotics Control Bureau in respect of offences punishable under Sections 21(c) read with 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The High Court had released two accused on bail after they were in custody for about a year. Questioning the grant of relief to said accused, instant appeals have been preferred by NCB.

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"What emerges from the record is that large quantity of contraband weighing about 13 kgs of morphine was found in a car which was driven by Md. Jakir Hussain. Whether the role played by said Md. Jakir Hussain could get connected with both the accused is a question," the court said.

The court further noted that going by the circumstances on record, at this stage, on the strength of the statement of Nizam Uddin, though allegedly retracted later, the matter stands on a different footing.

"In our considered view, in the face of the mandate of Section 37 of the Act, the High Court could not and ought not to have released the accused on bail," the court said.

"We, therefore, allow these appeals, set aside the view taken by the High Court and direct that both the appellants be taken in custody forthwith," the court said.

The court also noted that the charge sheet has been filed and hence directed the Trial Court to take up the matter and conclude the proceedings as early as possible and preferably within six months from the receipt of this order.

According to prosecution, contraband material weighing about 13 kgs of morphine was found in a motor vehicle which was driven by a co-accused named Md. Jakir Hussain.

During the course of the investigation, it was found that the motor vehicle was registered in the name of Md. Nizam Uddin who had executed a sale letter and handed over the custody of the vehicle to accused Md. Abdul Hai and that Md. Jakir Hussain was the driver employed by Md. Abdul Hai and that contraband material in question were to be handed over to the accused -Khalil Uddin, an owner of a tea shop.

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