Page No.# 1/4 GAHC010163492025 2025:GAU-AS:10797 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2427/2025 JAMAL UDDIN AND ANR SON OF TALIF HUSSAIN @ LT. TALEP ALI R/O MAHABIR PATHAR P.S. CHAYGAON DIST. KAMRUP, ASSAM 2: ALOM ALI S/OLT. MIYACHAN ALI R/O GOROIMARI SATRA P.S. GOROIMARI DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MD. A A KHAN,MISS. P M AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 13.08.2025 Heard Mr. A. Ahmed, 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 Chaygaon Police Station Case No. 195/2025 registered under Section 25(b)/29 of the NDPS Act. The FIR dated 21.06.2025 reveals that on source information that two (2) persons, one of them being the petitioner No. 2, who were involved in the offence of NDPS came to the house of the petitioner. The police entered the said information in G.D and conducted the search operation and on searching the house of the petitioner namely, Jamal Uddin, 9 numbers of soap case filled with suspected contrabands were recovered from the house of the petitioner packed in 2 black colored polythene. In view of the same, the petitioners along with another person were apprehended by the police and thereafter, contrabands were weighed in presence of independent witnesses and it was found as 102.8 grams with plastic pouch. After completion of necessary formalities, the police registered the case under the aforesaid Sections. Mr. A. Ahmed, learned counsel appearing for the petitioners submits that the petitioners have no connection with the seizure made in the instant case and that Page No.# 3/4 they were arrayed as accused persons only due to the fact that they were earlier arrested in connection with other cases under the NDPS Act. He further submits that they are inside the jail for 53 days since the date of their arrest. Mr. B. Sharma, learned Addl. Public Prosecutor on perusal of the Case Diary fairly submits that the petitioners were arrested because of the antecedents that was reflected in the FIR and that they have been inside for the said number of days. It is noticed in the instant case that the contrabands that were recovered were of intermediate quantity and that there is nothing in the FIR to show that the contrabands were recovered from the accused persons and that they were in conscious possession of the same. It is also noticed that the petitioners are inside for 53 days and during this time, the investigation has reached to quite an extent and it is submitted by the learned Addl. Public Prosecutor that the FSL report is not received. As far as the antecedent is concerned, it was stated in the FIR that they were arrested in connection with other case without any findings. Since the case involves the seizure of contrabands which are of intermediate quantity and the petitioners are inside for quite some time, this Court is of the view that the petitioners be released on bail on furnishing a bail bond of Rs. 30,000/- with two (2) local sureties of the like amount to the satisfaction of the Trial Court under the following conditions:- Page No.# 4/4 (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 concerned Trial Court without the permission of the said Court. Petition is disposed of. JUDGE Comparing Assistant