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2025 DAILYLAW 13730 (GAU)

SARJUL HOQUE TAPADAR v. THE STATE OF ASSAM

Bail Appln./1887/2025 · 2025-09-03

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010121462025 2025:GAU-AS:12000 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1887/2025 SARJUL HOQUE TAPADAR S/O SOFIQUR RAHMAN TAPADAR, R/O VILL-, P.S. BADARPUR DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, J SINGPHO,MS. A K CHOPHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.09.2025 Heard Mr. M. Biswas, learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused/petitioner namely Sarjul Hoque Tapadar, in connection with Special (NDPS) Case NO. 37/2025 corresponding Badarpur P.S Case NO. 76/2025 U/S 22(C) 25 & 29 of NDPS Act, 1985. 3. The case of the petitioner is that on 17-04-2025 an information received by the Officer-in-Charge, of Badarpur Police Station, that two vehicle enroute from Silchar side to Sribhumi Via Badarpur, suspected to be carrying substantial quantity of Contrabands. Acting on the information an entry was made in General Diary Entry (GDE) No. 32, dated 17-04-2025, and thereafter a team was constituted and, Naka Checking was set up near Sethi Flour Mill where the Vehicles Bolero Pick-up bearing registration No. AS-01MC-2851 which was driven by Yahiya Khan along with the other Vehicle which was following the first Vehicle, Bolero Camper without Number plate driven by Sumon Uddin were intercepted and on being searched total 16 Kgs and 673 grams Suspected Yaba tablets were recovered from Bolero Pick-up bearing registration No. AS-01MC-2851. Accordingly, FIR was registered as Badarpur P.S case No. 76/2025 U/S 22(C) 25 & 29 of NDPS Act, 1985, further registered as Special (NDPS) Case No. 37/2025. 4. The present petitioner was subsequently arrested after investigation revealed his role. A perusal of the CD would indicate that the present petitioner is the prime accused of the case and is the mastermind behind the illegal drug peddling activities and was having interstate links and his associates are also having links to the Page No.# 3/3 international drugs market which facts are still under investigation. 5. It also appears that besides the statement of the co-accused, other material in the form of Court records are also available against the petitioner. 6. Having regard to the material available in the CD, the Court cannot come to a view that there are no reasonable grounds to belief that the accused is not guilty of the alleged offence involving commercial quantity of contraband drugs. 7. Consequently, the prayer for bail is rejected at this stage. 8. The Bail Application accordingly stands dismissed. 9. Send back the CD. JUDGE Comparing Assistant