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2025 DAILYLAW 16936 (GAU)

MAINUL ISLAM v. THE STATE OF ASSAM

Bail Appln./2487/2025 · 2025-08-31

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010169232025 2025:GAU-AS:11718 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2487/2025 MAINUL ISLAM S/O- LATE ALIMUDDIN. R/O- VILL.- RAKHYASANI GAROPARA PT- II, P.S.- MORNOI, DIST.- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MR A HUSSAIN,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.09.2025 Heard Mr. A. Ahmed, learned counsel appearing for the petitioner. Also heard D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. Page No.# 2/2 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused/petitioner namely Mainul Islam, in connection with Dudhnoi P.S. Case No. 15/2025 under section 61(2) of the BNS, read with Section 22 (c)/29 of the NDPS Act, 1985. 3. The allegations against the petitioner is with regard to recovery of commercial quantity of substances i.e. Tapentadol, which has been confirmed by the FSL report. 4. Perused the order of Hon’ble Supreme Court in Kulwant Singh Vs. The State of Punjab, 2025 LiveLaw (SC) 387, wherein the bail was grant to the accused in as much as, Tapentadol hydrochloride which was recovered from the said accused is not included in the list of psychotrophic substances specified in the Schedule appended to the ND&PS Act. 5. It also appears from the aforesaid order that several High Courts have held this to be so. 6. Accordingly, the prayer for bail is allowed. 7. The accused abovenamed shall be released on bail of Rs. 20,000/- with one local sureties of the like amount in connection with the aforesaid case to the satisfaction of learned Special Judge, Goalpara. JUDGE Comparing Assistant