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2025 DAILYLAW 10779 (GAU)

JAKIR HUSSAIN v. THE STATE OF ASSAM

AB/899/2025 · 2025-08-11

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010078502025 2025:GAU-AS:10645 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/899/2025 JAKIR HUSSAIN S/O ABSAR ALI, R/O BAITHABANGA, P.O.- DAGAPARA, P.S.- MUKALMUA, DIST- NALBARI, ASSAM, PIN-781126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : J U AHMED, MR S A REEYAZ,MS J A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 12.08.2025 1. Heard Mr. J.U. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Jakir Hussain, seeking pre-arrest Page No.# 2/3 bail in connection with Mukalmua P.S Case No. 68/2025 registered under Sections 22(b)/29 of the NDPS Act, 1985 which was registered on 22.03.2025. 3. The gist of allegations in the FIR is that upon information about peddling of drugs, the police team went to the place of occurrence which was the house of the present accused petitioner and found one person buying suspected illegal drugs. Though the said person apprehended, but the present accused Jakir Hussain fled away from the place. 4. The contraband has been described as 90 Nos. of Codein Phospate and Triprolidene Hcl. Syrup of 100 ml each, 2560 Nos. of Nitrazepam Tablet of 10 mg each. 5. I have perused the copy of seizure list annexed with the petition. 6. On the other hand, Mr. D.P. Goswami, learned Additional Public Prosecutor for the State, submits that case diary has been received, although the investigation has not yet completed but it lend support to the allegations in the initial documents about recovery from the house of the present accused petitioner and that he has been absconding or not found since the date of the incident. 7. Considering the nature of the allegations regarding peddling of illegal drugs and the materials indicated by the investigation, this does not be a fit case for the grant of anticipatory bail. Accordingly, the prayer for anticipatory bail stands rejected at this stage. Page No.# 3/3 8. Return back the case diary. 9. Accordingly, the anticipatory bail stands disposed of. JUDGE Comparing Assistant