Page No.# 1/2 GAHC010113332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1748/2025 MAHIBUL HOQUE AND ANR S/O SAMSUL HOQUE R/O VILL- KAHIKUHCI P.S. BARPETA, DIST. BARPETA, ASSAM 2: SHAH JAMAL S/O NUR HUSSAIN R/O VILL- KAHIKUCHI P.S. BARPETA DIST. BARPETA ASSA 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, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.06.2025 Heard the learned counsel Mr. S Munir appearing for the petitioners. Also heard Page No.# 2/2 Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023, whereby the petitioners, namely, 1. Mahibul Hoque & 2. Shah Jamal have prayed for releasing them on bail, after they were arrested in connection with Hatigaon P.S. Case No. 71/2025. 3. 11.652 kgs. of ganja were recovered from the possession of present petitioners. 4. Mr. Sarma has submitted that the FSL report has not yet been received. 5. Mr. Munir has submitted that the petitioners have already spent 54 days in judicial custody. 6. I have considered the submissions made by the learned counsel of both sides. 7. The petitioners are languishing in jail since 21.04.2025. 8. The amount of narcotic drugs seized from the possession of the petitioners is of intermediate quantity. 9. Considering the amount of drugs seized from the possession of the petitioners, which is of intermediate quantity vis-à-vis the period of detention undergone by them in judicial custody, this Court is of the opinion that the petitioners do not deserve to be detained in custody. 10. Therefore, the bail application of the petitioners is allowed. 11. It is hereby directed that the petitioners 1. Mahibul Hoque & 2. Shah Jamal, who were arrested in connection with Hatigaon P.S. Case No. 71/2025, shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of learned Special Judge, Kamrup (Metro) at Guwahati. The bail application is disposed of accordingly. JUDGE Comparing Assistant