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2025 DAILYLAW 15398 (GAU)

SADIQUL ISLAM v. THE STATE OF ASSAM

Bail Appln./2165/2025 · 2025-07-27

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010145812025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2165/2025 SADIQUL ISLAM S/O- LATE AABDUL AJIJ. R/O- BORBORI, P.S.- LAHARIGHAT, DIST.-MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, F KHATUN,MR A ALAM,MR. A A MONDAL,M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.07.2025 1. Heard Mr. A. Alam, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sadiqul Islam who has been detained behind the bars since 01.06.2025 (for last 59 days) in connection with Laharighat P.S. Case No. 117/2025 under Sections 21(b)/29 of the NDPS Act, 1985. Page No.# 2/3 3. The learned counsel for the petitioner has submitted that in this case the accusation against the petitioner is of possessing 10.51 grams of suspected heroin, which is of intermediate quantity and, therefore, the maximum statutory period of detention, during investigation, under Section 487 of BNSS is only 60 days. Hence, he submits that considering the fact that the petitioner has already completed 59 days of detention, he may be allowed to go on bail. 4. On the other hand, learned Additional Public Prosecutor has produced the case diary and has submitted that the contraband involved in this case is of intermediate quantity and the investigation is pending only for receipt of FSL report. He submits that the charge-sheet has not yet been laid. 5. Considering the submissions made by the learned counsel for both sides as well as considering the progress made in the investigation and the period of detention already undergone by the petitioner, he is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount subject to the satisfaction of learned Special Judge, Morigaon with following conditions:- i. That the petitioner shall co-operate in the investigation of the Laharighat P.S. Case No. 117/2025; ii. That the petitioner shall appear before the Investigating Officer of the Laharighat P.S. Case No. 117/2025 as and when so required by him for the sake of fair completion of the investigation; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any 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; iv. That the petitioner shall not leave the jurisdiction of the Court of learned Special Judge, Morigaon without prior permission of said Court and when such leave is Page No.# 3/3 granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court. 6. This bail application is accordingly disposed of. 7. Send back the case diary. JUDGE Comparing Assistant