SAH MASUM ALIAS SHAH MASUM ALIAS KONU v. THE STATE OF ASSAM
AB/1223/2025 · 2025-06-19
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13253 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13253 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010114022025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1223/2025 SAH MASUM ALIAS SHAH MASUM ALIAS KONU S/O ABDUL MUKIT VILL- KNKALASH , P.S.BADARPUR DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.06.2025
Heard Mr. A M Barbhuiya, the learned counsel appearing for the petitioner. Also heard Mr. K K Porasor, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023, whereby the petitioner,
Page No.# 2/2 namely, Sah Masum @ Shah Masum @ Konu has prayed for grant of pre-arrest bail in respect of Special (N.D.P.S.) Case No. 73/2024 arising out of Badarpur P.S. Case No.185/2025. 3. The petitioner has been shown as an absconder in the charge sheet. He therefore, apprehends that whenever he will appear before the Trial Court, he will be remanded to custody. 4. The learned counsel for the petitioner has submitted that the petitioner is interested in facing the trial. 5. Mr. Porasor has objected to the bail prayer on the ground that commercial quantity of narcotic drugs was recovered from the possession of the petitioner and in this case, the commercial quantity of narcotic drugs invited the embargo of Section 37 of the NDPS Act. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner does not deserve to be detained in custody. 7. Therefore, the bail application of the petitioner is allowed. 8. It is hereby directed that the petitioner shall appear before the court of the learned Special Judge (NDPS), Sribhumi within next 7 days from today in connection with Special (N.D.P.S.) Case No. 73/2024 and on his appearance, the petitioner, Sah Masum @ Shah Masum @ Konu shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Special Judge (NDPS), Sribhumi. 9. The petitioner shall appear before the learned Trial Court on each and every date of hearing of the case.
If he fails to appear before the Trial Court, the Trial Court shall be at liberty to procure his attendance. With the aforesaid direction, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant