Page No.# 1/3 GAHC010083392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/913/2025 KASHEM ALI S/O ANOWAR HUSSAIN R/O VILL-HARIPUR, P.S. TARABARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 23.04.2025 Heard Mr. N J Dutta, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Kashem Ali, son of Anowar Hussain, resident of village-Haripur, P.S.-Tarabari, District-Barpeta, has filed this application under Section 482 BNSS, 2023, praying for his pre-arrest bail in Tezpur Police Station Page No.# 2/3 Case No. 719/2024 registered under Sections 303(2)/317 the BNS, 2023 read with Section 53(i)(a) of the Assam Excise Act, corresponding to G.R. No. 1807/2024. 3. As per the FIR dated 06.12.2024 lodged before the Officer-in-Charge of Tezpur Police Station, the case is that on the basis of a secret information received by police that one container vehicle bearing Registration No. NL-01-AF-6996 was illegally smuggling IMFL from Arunachal Pradesh to Dimapur, Nagaland; Tezpur PS GDE No. 63 dated 06.12.2024 was registered and police personnel from Tezpur Police Station proceeded towards Kaliabhomora, National Highway-15, North Check Post. Around 4 AM on the intervening night of 05.12.2024 and 06.12.2024, the vehicle concerned was proceeding from Dolabari to Sulung side and police personnel from Tezpur Police Station signalled the said vehicle to stop. However, the driver of the said vehicle did not comply with the police signal and proceeded towards Sulung. The said vehicle was stopped at Kaliabhomora bridge at its North Check Post and on being questioned and checked, it was found that the said vehicle was containing IMFL from Arunachal Pradesh and was being taken to Dimapur, Nagaland without any valid documents. As such, the said container vehicle along with its IMFL were seized and the driver of the vehicle was apprehended. 4. Accordingly, said FIR dated 06.12.2024 was registered as Tezpur Police Station Case No. 719/2024 under Sections 303(2)/317 the BNS, 2023 read with Section 53(i)(a) of the Assam Excise Act. 5. Petitioner contended that he is the registered owner of the said vehicle bearing Registration No. NL-01-AF-6996 that was seized by police personnel of Tezpur Police Station in said Tezpur P.S. Case No. 719/2024 and the Court by order dated 07.04.2025 passed in Criminal Petition No. 236/2025 gave the Zimma of the said vehicle to the petitioner. 6. Now, the petitioner is apprehending his arrest in said Tezpur Police Station Case No. 719/2024. 7. Mr. K K Parashar, learned APP, Assam placed the case diary of said Tezpur P.S. Case No. 719/2024 before the Court. 8. On perusal of the case diary, it is seen that there are sufficient incriminating materials against the petitioner regarding his involvement in the alleged crime, more Page No.# 3/3 particularly, in smuggling of IMFL from Arunachal Pradesh to Nagaland. 9. Further, it is seen that the investigation of the case is not yet complete. 10. Considering the above, this Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner in said Tezpur P.S. Case No. 719/2024. 11. Accordingly, this pre-arrest bail application of the petitioner, Kashem Ali, son of Anowar Hussain, in said Tezpur P.S. Case No. 719/2024, stands rejected. 12. Return the case diary herewith. JUDGE Comparing Assistant