Page No.# 1/4 GAHC010094672025 2025:GAU-AS:6765 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1037/2025 SABIKUL ISLAM S/O ABDUL SALAM R/O NANKE DARRANGA P.S. AMULPUR DIST. TAMULPUR, ASSAM PIN-781360 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M RANA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27.05.2025 Heard Mr. M Rana, learned counsel for the petitioner and Mr. P Borthakur, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Sabikul Islam, son of Abdul Salam, resident of village-Nanke Darranga, Police Station-Tamulpur, District-Tamulpur Page No.# 2/4 has filed this application under Section 482 BNSS, 2023, seeking his pre-arrest bail in Tamulpur Police Station Case No. 300/2024, under Sections 111(2) (b)/303(2)/317(2) of the BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955 corresponding to G.R. No. 1004/2024. 3. Initially on 28.11.2024 a written FIR was lodged before the Tamulpur Police Station that during naka checking and area patrolling at Tamulpur Medical Chowk when an Omni vehicle bearing Registration No. AS-01-W-9745 that was coming from Dimlapur towards Tamulpur was signalled to stop, it fled away. On being chased, the vehicle was apprehended and while it was checked, the accused persons present there were found illegally carrying– (i) 13 gallons petrol each containing approx. 30 litres and (ii) 6 gallons of Diesel each containing approx. 30 litres suspected to be smuggled from Bhutan. On being led by the apprehended accused persons, police personnel from Tamulpur Police Station reached the house of another accused and when it was searched police found huge quantity of petroleum products, such as 10 gallons of petrol each containing approx. 25 litres and one drum containing approx. 100 litres of Diesel. The petroleum products along with the Omni vehicle were accordingly seized. 4. Said FIR dated 28.11.2024 was accordingly registered as Tamulpur P.S. Case No. 300/2024 under Sections 111(2)(b)/ 303(2)/317(2) of the BNS, 2023 read with Section 7 of the Essential Commodities Act, 1955, corresponding to G.R. No. 1004/2024. 5. During investigation of said Tamulpur P.S. Case No. 300/2024, on 06.04.2025 a vehicle bearing Registration No. AS-01-BM-2806 while apprehended and on being searched, incriminating articles like oil gallons were found in it and the accused persons admitted that they were on their way to Darangamela to collect diesel. On being interrogated, they named the present petitioner. Police personnel from Tamulpur Police Station along with the accused persons conducted search in the residence of the present petitioner and found large quantity of petroleum products Page No.# 3/4 from his house which was accordingly seized. 6. Mr. M Rana, learned counsel for the petitioner has submitted that he procured the petroleum products seized from his house in Tamulpur by paying money on 05.04.2025 and 06.04.2025 from Hindustan Petroleum Depot. To that extent, the petitioner has annexed the payment vouchers pertaining to purchasing of such petroleum products on 05.04.2025 and 06.04.2025. 7. Considering such materials in the case diary, this Court is of the opinion that custodial detention of the petitioner is not warranted for investigation of said Tamulpur P.S. Case No. 300/2024. As such, this pre-arrest bail application is accepted. 8. Accordingly, the petitioner, namely, Sabikul Islam, son of Abdul Salam, be released on pre-arrest bail in said Tamulpur P.S. Case No. 300/2024, on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand), with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioner, named above — i) shall appear before the concerned Investigating Officer of the case on or before 02.06.2025, and as and when he is required for necessary investigation of said Tamulpur P.S. Case No. 300/2024. ii) shall not leave the territorial jurisdiction Tamulpur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; ii) shall not hamper and/or tamper with the evidence of the case; iv) 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 them from disclosing such facts to the Court and Page No.# 4/4 v) shall not involve himself in any criminal activities in future. 9. 9. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Sabikul Islam, son of Abdul Salam, the pre-arrest bail granted to him in said Tamulpur P.S. Case No. 300/2024 shall stand automatically vacated. 10. With the above observation and direction, this pre-arrest bail application stands allowed to the extent above. 11. Return the case diary. JUDGE Comparing Assistant