Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1067/2025 SADDAM HUSSAIN @ KASA S/O MOHARLAL ALI R/O BHASKAR NAGAR, GRILL MASJID, HOUSE NO. 50, P.S.CHANDMARI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. S M MOLLAH, MS. F BEGUM,MS. C M BEZBARUAH,MR R ALI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 07-04-2025
Heard Mr. S.M. Mollah, the learned counsel for the petitioner and also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of State respondent.
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2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for granting regular bail to the accused/petitioner who was arrested on 15.02.2025 in connection with Chandmari Police Station Case No. 36/2025, under Section 21(b)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985.
3. It is submitted by Mr. Mollah, the learned counsel for the petitioner that the present petitioner is in custody since last 52 days and hence the Investigating Officer has got sufficient time for his custodial interrogation. Nothing was recovered from the conscious possession of the accused/petitioner. Further he submitted that the wife of the present petitioner is 8 months pregnant and on humanitarian ground also the accused may be released on bail. However, he is ready and willing to cooperate with the Investigating Officer in further investigation of the case, if he is allowed to go on bail.
4. Mr. Goswami, the learned Additional Public Prosecutor submitted in this regard that this is a case of NDPS and hence Case Diary will be required to know the actual facts of the case and accordingly he insisted to call for the Case Diary.
5. Hearing the submissions made by learned counsel for both sides and other aspects of the case vis-a-vis the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail.
6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner,
Page No.# 3/3 namely Saddam Hussain @ Kasa, 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 required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade them 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 CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant