DEBAJIT GOGOI ALIAS MUNUKAN AND ANR v. THE STATE OF ASSAM
AB/1873/2025 · 2025-09-01
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17111 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17111 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010172892025
2025:GAU-AS:11839
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1873/2025 DEBAJIT GOGOI ALIAS MUNUKAN AND ANR SON OF POLIN GOGOI R/O VILL- BORERA GAON, P.S. TITABAR DIST. JORHAT, ASSAM 2: SUMAN BORA GOGOI W/O DEBAJIT GOGOI R/O VILL- BORERA GAON P.S. TITABAR DIST. JORHAT ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, S K DAS,MR P J DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2025
1. Heard Mr. M. Biswas, learned counsel appearing for the petitioners as well
Page No.# 2/3 as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent.
2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioners, namely, Debajit Gogoi @ Munukan and Suman Bora Gogoi, apprehending arrest in connection with Titabar P.S. Case No. 104/2025 registered u/s 112 of BNSS, 2023 read with Section 20(b)(ii)B/21(a)/25/27/29 of NDPS Act.
3. The gist of allegation is that on 10.07.2025, an FIR was lodged by one SI Pranab Dutta alleging inter alia that he got reliable information that one Aakash manki is coming to sell drugs to one Binod Manki and Satish Mallik in 7 number line of Bokahola Tea Estate at his home. Accordingly, police intercepted the accused person Santosh Malik and Binod Manki and recovered 0.2 grams of suspected heroin and total 1 kg 652 grams of ganja. Accordingly, the said FIR was registered as Titabar PS Case No.104/2025 under Section 112 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 20(b)(ii)B/21(a)/25/27/29 of NDPS Act.
4. The materials available in the case diary lend support to the allegation against the accused persons.
5. It is contended on behalf of the prosecution that the accused persons are involved in consumption and selling of drugs and part of a bigger drug network which is under investigation.
6. Further, Hon’ble Supreme Court has cautioned against grant of pre arrest bail to persons accused under offence under the NDPS Act.
7. Considering the above, prayer for pre-arrest bail in respect of the accused petitioners stands rejected.
Page No.# 3/3
8. Return the case diary.
9. This disposes of the anticipatory bail application.
JUDGE Comparing Assistant