Page No.# 1/4 GAHC010138222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1513/2025 KABIR UDDIN LASKAR S/O FORAS UDDIN LASKAR, RESIDENT OF VILLAGE NIZVERNERPUR, PO SARBANANDPUR, PS LALA, DIST HAILAKANDI, ASSAM 2: KUTUB UDDIN BARBHUIYA S/O LATE AZIR UDDIN BARBHUIYA VILLAGHE RONGPUR VI PO SOUTH RONGPUR PS LALA DIST HAILAKANDI ASSA VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 24.09.2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Dholai P.S. Case No. 61/2025, under Sections 61(1)/318(4)/303(2)/317(4)/112(2) and added Section 112 of BNS, 2023, corresponding to G.R. No. 739/2025. 3. The petitioner is stated to be a retailer for urea fertilizers and the allegation is that they were found to be carrying 400 bags of urea, i.e. 200 bags of each petitioner in a truck bearing Reg. No. AS26AC-1649, in violating of the prescribed laws/guidelines in this regard. 4. The learned counsel for the petitioner submits that an additional affidavit has been filed whereby, it has been stated before the Court that on 18.07.2025, this court was pleased to grant interim bail with conditions, one of which was appearing before the I.O. for examination. It is stated that accordingly, they appeared and after being examined, were asked to wait, but thereafter, the Page No.# 3/4 petitioners were arrested by the police in connection with another case being Dholai P.S. Case No. 66/2025 U/S 61(1)/303(2)/317(4)/318(4)/112(2) of BNS Act, R/W Section 7 of the Essential Commodity Act. It is contended that they have been falsely implicated in the said case just to defeat the interim order in the present case. 5. Mr. Chutia, learned Additional Public Prosecutor presenting the prosecution submits that the case diary has been received and one relevant portion of statement of Agriculture Officer has been pointed out and flagged. On perusing the said statement, it is revealed that there is a specific procedure, whereby, the farmers can purchase such controlled fertilizers from the retailer using pop machine and that it is prohibited to carry such fertilizer in violation of the procedural stipulations. 6. I have seen the progress of the investigation. Despite some adverse materials in the entire facts and circumstances, I do not deem it necessary to cancel the interim bail and accordingly, the interim bail granted to the accused petitioners vide order dated 18.07.2025 in this case (Dholai P.S. Case No. 61/2025) is hereby made absolute subject to the conditions that they shall co- operate with remaining investigation and not hamper/ tamper with the evidence. Page No.# 4/4 7. Return case diary. 8. The bail petition stands disposed of. JUDGE Comparing Assistant