Page No.# 1/3 GAHC010086702025 2025:GAU-AS:5619 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1263/2025 HAZERA BEGUM ALIAS HANUFA ALIAS HAJERA BEGUM W/O IBRAHIM SHEIKH R/O GANDHIBASTI TINIALI P.S.CHANDMARI, DIST.KAMRUP(M), PERMANENT ADDRESS- VILL-DEOTARI PART-2, P.O.ALUKHNDA DEOTARI DIST.CHIRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 06.05.2025 Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 21.03.2025 in connection with Chandmari P. S. Case No. 74/2025, registered under Sections 21(b) of NDPS Act. 3. The Case Diary as called for, has already been received and I have perused the same. 4. In this regard, Mr. Munir, learned counsel for the petitioner, has submitted that the petitioner is a lady, and only 5.4 grams (including five vials) of suspected heroin was allegedly recovered from her possession. He submitted that no separate weight of the suspected contraband was taken during the investigation, and the total weight, including the vials, was recorded as 5.4 grams. He contended that, upon proper measurement, the weight of the contraband may be less, potentially making it a case of small quantity under the relevant provisions. He further submitted that the petitioner has been in custody for the last 47 days, and therefore, considering the length of her detention, she may be granted bail. The petitioner is ready and willing to cooperate with the Investigating Officer in the further investigation, if granted the privilege of bail. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, submitted that the accused/petitioner is a habitual offender, and although it is a fact that 5.4 grams (with five vials) of suspected heroin was seized from her possession, no Page No.# 3/3 separate weight of the contraband was taken during the investigation. He further submitted that the FSL report has not yet been obtained, though the sample has been sent for examination. 6. Considering the submissions made by the learned counsels for both sides, I have perused the case diary. Without going into the merits of the case and considering the length of detention already undergone by the accused/petitioner, i.e., 47 days, I am of the view that further custodial detention of the accused/petitioner does not appear to be necessary in this case. Accordingly, the accused/petitioner is allowed to go on bail. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees Twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Kamrup (M), the accused/petitioner, namely, Hazera Begum @ Hanufa @ Hajera Begum, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make herself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her 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 Special Judge, Kamrup (M), without prior permission. 8. In terms of above, this bail application stands disposed of. 9. The Case Diary be returned. JUDGE Comparing Assistant