Page No.# 1/3 GAHC010162072025 2025:GAU-AS:10799 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2358/2025 MOKIBUL ISLAM S/O- JAHIDUL ISLAM, R/O- VILL- NO-1 BADHAKORA, KUCHIAMARI, P.S- BOGINADI, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : A B T HAQUE, B DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.08.2025 Heard Mr. A.B.T. Haque, learned counsel for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor for the State. By this application, the petitioner has prayed for bail in connection with Boginadi P.S Case No. 34/2025 registered under Section 20(b)(ii)B of the NDPS Act. Page No.# 2/3 The FIR dated 22.06.2025 reveals that on source information that one person was carrying Ganja by a motor-cycle, the police personnel after taking authority proceeded and apprehended the petitioner and during the search, suspected Ganja were recovered, which was weighed and was found to be 1.967 kilograms concealed in a carry bag. The said items were seized and the petitioner was arrested. Mr. A.B.T. Haque, learned counsel for the petitioner submits that the petitioner was arrested on 21.06.2025 and that today is the 52nd day from the date of his arrest and since the mandatory period for the said offence is 60 days, he as such prays for bail of the petitioner. Mr. B. Sharma, learned Addl. Public Prosecutor submits that the contrabands were recovered from the petitioner by the police on the search being made and that investigation was carried out and that the FSL report is yet to be received. He as such submits that no bail should be granted to the petitioner. Heard the learned counsels for both the parties. It is noticed that the contrabands that were recovered from the petitioner which was suspected to be Ganja was weighed and was found to be as 1.967 kilograms and under the NDPS Act, 1 kilograms is considered small quantity and 20 kilograms is considered as commercial quantity in respect of Ganja and the amount Page No.# 3/3 recovered from the petitioner is more than 1 kilogram but less than 2 kilograms. The said case would come under Section 20B of the Act. The petitioner is also seen to be inside the jail for 52 days and the Case Diary reveals that FSL report is yet to be received. As such, the petitioner is released on bail on furnishing a bail bond or Rs. 30,000/- with two (2) local sureties of the like amount to the satisfaction of the CJM, Lakhimpur under the following conditions:- (1) He shall cooperate with the investigation and appear before the Court as and when he is required. (2) He shall not tamper with the evidence or influence the witnesses whoever is connected with the case. (3) He shall not leave the jurisdiction of the CJM, Lakhimpur without the permission of the said Court. Petition is disposed of. JUDGE Comparing Assistant