Page No.# 1/3 GAHC010080952025 2025:GAU-AS:6154 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/911/2025 REJAUL KARIM TALUKDAR @ MOSHARAF SON OF MONSER ALI SARKAR, VILLAGE- MAJOR CHAR, P.S. ALOPATICHAR, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 16.05.2025 Heard Mr. M. I. Hussain, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending his arrest, the petitioner, namely, Rejaul Karim Talukdar @ Mosharaf, son of Monser Ali Sarkar, resident of village-Major Char, Police Station-Alopatichar, District-Barpeta has filed this application under section 482 BNSS, 2023 praying for his pre-arrest bail in Alopatichar Police Station Case No. 04/2025, registered under Sections 21(b)/29 of the NDPS Act, 1985. 3) Placing the seizure memo, the petitioner submitted that the suspected NDPS items were recovered from the three other accused persons of the case, who were found inside the house of the petitioner and that he was no way connected with the case. As such, Mr. Hussain, learned counsel appearing for the petitioner submitted that the petitioner is entitled for his pre-arrest bail in said Alopatichar P.S. Case No. 04/2025. 4) Mr. B Sarma, learned Additional Public Prosecutor, Assam by placing the FIR of the case submitted that on the basis of specific information received, GD Entry was made vide GDE No. 10 on 21.01.2025 and accordingly on the same night, in presence of independent witnesses consisting of the Village Headman of Major Char village as well as the Village Defence Secretary of Major Char village; the police personnel from Alopatichar Police Station entered into the house of the petitioner by following due procedure and apprehending the presence of police personnel, the petitioner jumped out through an open window of his house, from where 50.7 grams of suspected Heroin was recovered and wherein, three other persons were also present who were accordingly taken into custody by the Police. 5) From the case diary, Mr. 5) From the case diary, Mr. Sarma, Additional Public Prosecutor, Assam placed before the Court that the independent witnesses, in their statements so far recorded by the Investigating Officer of said Alopatichar P.S. Case No. 04/2025 indicated the involvement of the petitioner in such illegal sale and transportation as well as in storing of such NDPS items in his house. 6) Finding sufficient incriminating materials in the case diary, the Court is of the opinion that it Page No.# 3/3 is not a fit case to grant pre-arrest bail to the petitioner, namely, Rejaul Karim Talukdar @ Mosharaf, son of Monser Ali Sarkar in said Alopatichar P.S. Case No. 04/2025, pertaining to recovery of 50.7 grams of suspected Heroin from the house of the petitioner. 7) Accordingly, this pre-arrest bail application of the petitioner, namely, Rejaul Karim Talukdar @ Mosharaf, son of Monser Ali Sarkar in said Alopatichar P.S. Case No. 04/2025 stands rejected. JUDGE Comparing Assistant