Page No.# 1/3 GAHC010145832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2167/2025 MOHIBUL HOQUE ALIAS MOHIBUL ALI ALIAS RAHUL SON OF RAHAMAT ALI @ ROHMAT R/O ROWA PT.II, P.S. GAURIPUR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M HOSSAIN, MD A WADUD,S KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24.09.2025 1. Heard Mr. M Hossain, learned counsel of the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. The petitioner, namely, Mohibul Hoque Mohibul Ali Rahul, son of Rahamat All Rohmat, resident of Rowa Pt-III, P.S. Gauripur, District- Page No.# 2/3 Dhubri, has filed this application under Section 483 of BNSS, 2023, on 05.04.2025, praying for his ball in Special (NDPS) Case No. 337/2023 arising out of Gauripur Police Station Case No. 257/2023 registered under Sections 22(b)/22(c) of NDPS Act, 1985 corresponding to G.R. No. 1112/2023, wherein he was arrested on 04.07.2023 and is in custody since then. 3. As per the FIR dated 30.06.2023 lodged before the Officer-in- Charge of Gauripur Police Station on receipt of reliable information in the evening of 29.06.2023 that one Akkas Ali (Rahul), son of Late Abdus Samdi is carrying NDPS substance near Madhusolmari Part-I rail crossing gate, police personnel from Gauripur Police Station with due authorization proceeded to Modhusolmari Goibazar near rail gate in presence of local independent/villagers. Sald Akkas Ali (Rahul), son of Late Abdus Samdi was apprehended and on being searched (1) 87 nos. Pyvoon Spash Plus Tablet, (ii) 30 nos. of Nitron 10 tablets, (iii) 12 nos. of Codeine based Cough Syrup along with his realme mobile phone, Indian currencies and Bhutan currencies were recovered from his conscious possession. Those recovered items from the conscious possession of said Akkas Alli (Rahul) were duly seized and handed over to the Gauripur Police Station. Accordingly, said FIR was registered as Gauripur P.S. Case No. 257/2023 under Sections 22(b)/22(c) of NDPS Act, 1985 corresponding to G.R. No. 1112/2023. 4. During investigation of the case, the present petitioner was arrested on the basis of the statement of the main accused that the present petitioner also used to sell drugs in the locality and they also consumed with their partners. The trial of the case is proceeding and already 7(seven) witnesses have been examined while 3(three) official witnesses remained to be examined. None of the witnesses Page No.# 3/3 examined so far have implicated the present petitioner. There does not appear to be any other material on the basis of which the remaining witnesses which includes the Scientific Officer can implicate the present petitioner. In the meantime, the petitioner has already spent 2 years 2 months in jail. 5. Having regard to the above, this Court is of the view that there are reasonable grounds to believe that prima facie the accused/petitioner is not guilty of the alleged offence and there being no material that he would commit similar offences in future, the conditions imposed by Section 37 of the NDPS Act are satisfied. Accordingly, the prayer for bail is allowed. The accused/petitioner Mohibul Ali @ Mohibul Ali @ Rahul is directed to be released on bail on furnishing a bail bond of Rs. 50,000/- with 2(two) sureties to the satisfaction of the Ld. Trial Court. It is further provided that the accused/petitioner shall regularly participate in the trial. 6. Accordingly, petition stands allowed and disposed of. JUDGE Comparing Assistant