Page No.# 1/4 GAHC010141462025 2025:GAU-AS:9190 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2132/2025 NUR JAMAL HOQUE S/O- LATE ALI AKBAR, R/O- KHANAMUKH, KEKOKOLI NEPALI GAON, P.S.-CHARIDUAR, DIST.- SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. S. ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.07.2025 1. Heard Mr. M.A.I. Hussain, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been Page No.# 2/4 filed by the petitioner, namely, Nur Jamal Hoque, who has been detained behind the bars since 23.05.2025 (for the last 55 days) in connection with Sootea Police Station Case No. 54/2025, under Sections 21(b)/25/29 of NDPS Act, 1985. 3. The gist of accusation in this case is that on 20.05.2025 one Triluchan Das, S.I. of Police had lodged an FIR before the Officer-In- Charge of Sootea Police Station, inter alia, alleging that on that day an information was received regarding transportation of drugs in a vehicle bearing registration No. AS-12-CC-1410 near Sootea. Accordingly, a search team was constituted and a naka checking was organized at Patia Goan Tiniali near railway crossing. During naka checking, the aforesaid vehicle was intercepted and three persons were apprehended from the said vehicle (tempo). On search of the said vehicle, 20 nos. of plastic containers were found in the pocket of one of the occupants in the vehicle namely, Jamir Ali. The weight of the contraband found was 27.08 grams whereas regarding further search, another 33.04 grams of suspected heroine was found. 4. The learned counsel for the petitioner has submitted that the petitioner was not there at the time of search of the vehicle from which the contraband was recovered. He also submitted that the petitioner was later on arrested from his residence with an accusation that 10.69 grams of heroine was recovered from the vehicle bearing registration No. AS-12- AG-0659 which is registered in the name of the brother of the petitioner. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for the last 55 days and considering Page No.# 3/4 the accusation against the petitioner is regarding possession of intermediate quantity of contraband for which maximum statutory period of detention is 60 days, he may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Sootea Police Station Case No. 54/2025 and has submitted that the investigation has fairly progressed and is pending only for receipt of the FSL report. 6. I have considered the submissions made by the learned counsel for both sides and gone through the case diary of Sootea Police Station Case No. 54/2025 which has been produced by the learned Additional Public Prosecutor. 7. Considering the progress made in the investigation as well as period of detention undergone by the petitioner, this Court is of the considered opinion that if the petitioner co-operates with the investigation, his custodial detention may not be necessary for fair completion of investigation of the Sootea Police Station Case No. 54/2025. 8. Accordingly, the above-named petitioner is allowed to go on bail of Rs. 50,000/-(Rupees Fifty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Special Judge, Biswanath Chariali, Assam with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, Page No.# 4/4 threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 9. Send back the case diary. 10. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant