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2025 DAILYLAW 15626 (GAU)

ABDUL ALI v. THE STATE OF ASSAM

AB/1585/2025 · 2025-08-03

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010149842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1585/2025 ABDUL ALI SON OF LATE EKLAS ALI KHUTI KATIA, BHAGIRATH BORDOLOI PATH, HAIBARGAON, P.S. NAGAON, DIST. NAGAON, ASSAM, PIN-782002. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A LAL, B C SANGTAM,P GANDHIYA,MR A BRAHMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 04.08.2025 1. Heard Mr. A. Lal, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been Page No.# 2/3 filed by the petitioner, namely, 1. Farida Khatun @ Farida Begum, seeking pre-arrest bail in connection with Nagaon Sadar P.S Case No. 494/2025 registered under Sections 20(b)/25/29 of NDPS Act, 1985, R/W Section 4 of Assam Bhang and Ganja Prohibition Act,1958. 3. It is submitted that out of the two petitioners, petitioner Abdul Ali has already been arrested, thereby rendering his part of the pre-arrest bail application infructous. Inadvertently, in the previous order dated 31.07.2025, the petitioner number was incorrectly mentioned as petitioner no.2 instead of petitioner no.1. 4. The allegations in a gist in the ejahar dated 27.06.2025 is about recovery of intermediate quantity of cannabis (ganja). 5. It is submitted that on the basis of the statement of the co- accused, the petitioner cannot be arrested in terms of the governing law. 6. Mr. R.J. Baruah, learned Additional Public Prosecutor for the State has submits that on the basis of the case diary that investigation is continuing and there are adverse materials in the case diary. 7. I have perused the reports/bail objection filed by the I.O. Upon perusing the relevant materials, including the flag-marked portions made by the learned Additional Public Prosecutor for the State, I find that there are materials to indicate the involvement of the two-accused including the present petitioner in supply and peddling of suspected narcotic drugs which, if true is undoubtedly Page No.# 3/3 serious matter with highly detrimental social impact. 8. I am of the view that granting pre-arrest bail at this stage to the petitioner might prejudice the investigation and therefore, in such view of the matter, the present anticipatory bail petition stands rejected. 9. Return back the case diary. 10. Accordingly, the anticipatory bail petition stands disposed of. JUDGE Comparing Assistant