9911796707
TMI Blog2022 (10) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... 1985 - Whether the role played by said Md. Jakir Hussain could get connected with both the accused is a question? - HELD THAT:- The answer to said question could be the statement recorded of Md. Nizam Uddin. The statement of Md. Jakir Hussain recorded under Section 67 of the Act has also named his owner accused Abdul Hai. We are conscious of the fact that the validity and scope of such statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th of the statement of Md. Nizam Uddin, though allegedly retracted later, the matter stands on a different footing. 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. These appeals are allowed, and the view taken by the High Court set aside and both the appellants are directed to be taken in custody forthwith. - Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Gauhati High Court in BA No. 2356/2021 2955/2021. By said judgment and order, the High Court proceeded to grant relief of bail to accused named Khalil Uddin and Md. Abdul Hai @ Abdul Hai Talukdar in connection with crime registered pursuant to NCB Crime No.13/2019 in respect of offences punishable under Sections 21(c) read with 29 of The Narcotic Drugs and Psychotropic Substances Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t a year. Questioning grant of relief to said accused, the instant appeals have been preferred. We have heard Mr. Jayant K. Sud, learned Additional Solicitor General for the appellant and Mr. Ramkrishnan Viraraghvam, learned Senior Advocate and Mr. Shuaib Hussain learned advocate for the accused-respondents. What emerges from the record is that large quantity of contraband weighing about 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances on record, at this stage, on the strength of the statement of Md. 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. We, therefore, allow these appeals, set aside the view taken by the High Court a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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