Page No.# 1/4 GAHC010160412025 2025:GAU-AS:10637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2364/2025 USTAM ALI S/O ANSER ALI R/O 3 NO. GORAIMARI P.S. PANIBARI DIST. CHIRANG, BTR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. S R ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 12.08.2025 Heard Mr. B. Choudhury, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor. This is an application by which the petitioner has Page No.# 2/4 prayed for bail in connection with Manikpur Police Station Case No. 75/2025 corresponding to G.R Case No. 315/2025 registered under Section 21(b)/29 of the NDPS Act. The petitioner was arrested on 03.07.2025 and since then, he is inside the jail. The FIR reveals that on a source information that one drug paddler namely, Ustam Ali i.e., the petitioner was about to sell some NDPS items like Heroin, the police personnel making the entries in the G.D proceeded and apprehended the petitioner. The FIR also reveals that Section 50 notice was also served upon the petitioner and during the search of the body of the petitioner, 19 numbers of plastic vials containing suspected Heroin was found wrapped with a black polythene from his left pocket and the same was weighed and it was found of 19.20 grams. It is also stated that the recovered NDPS items were again weighed by the digital weighing machine and the gross weight was found as 19.20 grams. Mr. B. Choudhury, learned counsel for the petitioner submits that the petitioner was not in possession of any contrabands and to substantiate his arguments, he has placed the stipulations made in the FIR where initially it was stated that the net weight of the plastic vials containing suspected Heroin was 19.20 grams and subsequently, in the same FIR, it was written that the gross weight of the suspected Heroin was also of 19.20 grams. As such, he submits that the same shows that there was no contrabands inside the vials. Page No.# 3/4 Mr. B. Sharma, learned Addl. Public Prosecutor however submits that 19 numbers of vials were recovered from the pocket of the petitioner and that the petitioner is very much involved in the said offence. He also stated that the investigation is on and it is at the stage of obtaining of FSL report from the laboratory. Seeing the gravity of the offence, the learned Addl. Public Prosecutor submits that no bail should be granted to the petitioner concerned. I have heard the counsels and I have perused the Case Diary. It is noticed in the Case Diary that the examination of the witnesses are almost over and that the FSL report was awaited to find out as to the nature of contraband that was inside the vials. It is also noticed that the petitioner has been in custody for almost 40 days and the instant case involves intermediate quantity in respect of the contrabands. Since it is noticed in the Case Diary that the investigation is almost over and the same is at the stage of receipt of the FSL report, the petitioner may be released on bail on furnishing a bail bond of Rs. 40,000/- with two (2) local sureties one being a Government Servant in the State of Assam to the satisfaction of the learned Trial Court with the following conditions:- (1) The petitioner should co-operate with the investigation and should appear before the Investigating Officer every alternate day till the case is submitted in Final Form. Page No.# 4/4 (2) He will not tamper with the evidence and will not approach any witnesses who had connection with the said offence. (3) He will not leave the jurisdiction of the Special Judge, Bongaigaon without his leave. (4) In case of any violation of the aforesaid conditions, the State would be at liberty to file an application for cancellation of the bail. Petition is disposed of. JUDGE Comparing Assistant