Page No.# 1/3 GAHC010083002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/925/2025 FAIZAL HAZARIKA S/O- LATE NABAB ALI HAZARIKA R/O- VILL- BHALUKE KHUWA, PS- TEZPUR, DISTRICT -SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : Lucky Banik, MS. S KAUR,N NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 19.08.2025 1. Heard Ms. N. Banik, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor. 2. This petition under Section 438 Cr.P.C., is filed for granting the Page No.# 2/3 privilege of pre-arrest bail to the petitioner, namely, Faizal Hazarika, apprehending arrest in connection with Tezpur P.S. Case No. 92/2025 registered u/s 20(b)(ii)(B) of the NDPS Act. 3. The gist of allegation in this case is recovery and seizure of 9.8 kg of ganja from the residential compound of the accused petitioner which falls under intermediate quantity. 4. Learned counsel for the petitioner strenuously argued that considering the nature of the recovery from the compound of the petitioner it cannot be said at this stage that he has conscious possession over the said alleged contraband. It is also submitted that the petitioner shall render co-operation. 5. Learned counsel for the petitioner has relied upon a decision of Sanjeet Kr. Singh @ Munna Kumar Singh vs state of Chhattisgarh reported in Criminal Appeal No(s).871/2021 and drawn my attention to paragraph 33(a). Reliance has also been placed on order of co-ordinate Bench of this Court passed in AB 2460/2024 drawing attention to paragraph 16 to 25. 6. The investigation just reveals implicating materials against the accused petitioner. However, I find that investigation seems to be pending only for the FSL report. 7. The ejahar was filed in February 2025 itself and considerable time have also elapsed since its registration and for the investigation. 8. Keeping in mind of the facts and circumstances including the above noted aspects and also the undertaking on behalf of the accused Page No.# 3/3 petitioner, I am of the view that the petitioner can be granted anticipatory bail. 9. Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 30,000/- with one local surety of like amount to the satisfaction of the arresting authority subject to the following conditions: (i) That the petitioner shall render full co-operation to the remaining investigation and appear before the IO and make himself available for examination. (ii) He shall not indulge in any illegal activity including consumption and paddling of illegal drugs. (iii) He shall not hamper or temper. 10. Any violation of the bail condition shall entails cancellation of bail. 11. Return the case diary. 12. Accordingly, this anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant