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2025 DAILYLAW 17254 (GAU)

ANOWAR HUSSAIN AND ANR v. THE STATE OF ASSAM

Bail Appln./2576/2025 · 2025-08-10

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010174622025 2025:GAU-AS:10565 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2576/2025 ANOWAR HUSSAIN AND ANR S/O LATE ABDUL BAREK R/O VILL- NO. 5 BARUAJHAR P.O. SAKRABASTI P.S. DALGAON DIST. DARRANG, ASSAM PIN-784116. 2: ISLAM UDDIN S/O HATEM ALI R/O VILL- NO. 5 BARUAJHAR P.O. SAKRABASTI P.S. DALGAON DIST. DARRANG ASSAM PIN-784116 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. A M KHAN, MR T T MONI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Page No.# 2/3 11.08.2025 Heard Mr. T.T Moni, learned counsel for the petitioners and Mr. K.K. Parasar, learned Addl. Public Prosecutor for the State. This is an application by which the petitioner has prayed for releasing him on bail in connection with Dalgaon P.S Case No. 99/2025 regtistered under Section 21(b) of the NDPS Act. The FIR dated 04.06.2025 reflects that on telephonic information from the O/C, Dalgaon Police Station regarding apprehension of two (2) persons with suspected brown sugar by the public, the police personnel entered the information in the General Diary and arrested the accused person and two (2) small size plastic soap boxes suspected to be brown sugar were recovered. The petitioners were arrested on the same day i.e., 03.06.2025 and since then, they are inside the jail. Mr. T.T. Moni, learned counsel for the petitioners informs the Court that today is the 60th day from the date of his arrest. Since the instant case is registered in connection with recovery of intermediate quantities of the contrabands under Section 21(b) of the NDPS Act, the mandatory period within which the prosecution has to submit the charge sheet i.e., 60 days period is over. Mr. K.K. Parasar, learned Addl. Public Prosecutor on instructions stated before Page No.# 3/3 this Court that the charge sheet has not been submitted. As such, the petitioners are entitled for default bail in view of the same. Therefore, the petitioners are released on bail on furnishing of a bail bond of Rs. 20,000/- each with two (2) local sureties (each) of the like amount to the satisfaction of the Trial Court under the following conditions:- (1) They shall cooperate with the investigation and appear before the Court as and when he is required. (2) They shall not tamper with the evidence or influence the witnesses whoever is connected with the case. (3) They shall not leave the jurisdiction of the Investigating Officer without the leave of the same. Petition is disposed of. JUDGE Comparing Assistant