Page No.# 1/5 GAHC010180542025 2025:GAU-AS:12259 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1966/2025 MOJMUL HOQUE ALIAS MAJMUL HUSAIN S/O MONTAZ ALI @ MUNTAJ ALI R/O VILL- DONGALGAON P.O. SOUTH BIJNI AND P.S. BIJNI DIST. CHIRANG (BTR), ASSAM, PIN-783390. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR R A AHMED,MR A ALAM,MR. B HUSSAIN,MR. A W MONDAL Advocate for the Respondent : PP, ASSAM, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA 09.09.2025 Heard Mr. N. J. Dutta, learned counsel for the accused applicant and also heard Mr. P. S. Lahkar, learned Addl. PP for the State respondent. 2. This instant application has been filed under Section 482 of BNSS, Page No.# 2/5 2023 praying for grant of pre-arrest bail to the accused applicant, namely, Mojmul Hoque @ Majmul Husain, apprehending his arrest in connection with Manikpur P.S. Case No. 76/2025 under Section 20(b)/21(b)/29 of NDPS Act corresponding to GR No.316/2025. 3. The brief facts, as enumerated, are that one SI (P), namely, Priyanka Sarma of Manikpur Police Station lodged an FIR before the Officer-in- Charge of Manikpur Police station on 03.07.2025 alleging that on 02.07.2025, an information was received by her that 2 (two) drug paddlers, namely, Lal Badsha Baniya and Lal Miya Baniya had hidden some suspected NDPS items like opium/ Poppy straw for selling the same to the local consumers. It was also alleged in the FIR that after G. D. Entry was made at Gerukabari Police station, vide GDE No.31, dated 02.07.2025. The police party including the Officer-in-Charge of Manikpur Police station went to Goraimari at about 09.40 PM and waited for the source signal. On getting the signal from the source, the informant along with Police party apprehended one Samirul Baniya at his house who was the younger brother of Lal Badsha Baniya and Lal Miya Baniya. The Police party after searching the house of the aforesaid Lal Badsha Baniya and Lal Miya Baniya, they recovered 12.307 KG of suspected opium/ poppy seeds (crushed) packed in separate polythene bags in a jute bag. The above mentioned suspected NDPS materials were seized by the Police and when asked Samirul Baniya, he disclosed that he had been engaged in the business for the last 2 (two) years and the seized opium/ poppy seeds (crushed) were stored by Lal Badsha Baniya for selling it to the local customers. In further search of the house and premises of Lal Badsha Baniya, the Police party also apprehended one relative, namely, Yusuf Ali Page No.# 3/5 who was trying to hide the suspected opium in his pants. The Police party searched the body of Yusuf Ali and recovered 50.33 gm of opium and seized the same as per law. While questioning the apprehended Yusuf Ali, he disclosed that one Majmul Hoque had stored some NDPS in this house. Accordingly, the Police party went to the house of Majmul Hoque along with 2 (two) apprehended accused persons. On searching the house of Majmul Hoque, they searched his house but no NDPS items could be recovered from the house of Majmul Hoque and he fled away from his house taking the advantage of darkness. 4. Thereafter, in view of the aforesaid FIR, Manikpur P.S. Case No. 76/2025 under Section 20(b)/21(b)/29 of NDPS Act corresponding to GR No.316/2025 was registered. 5. The learned counsel for the accused applicant submitted that the accused applicant is no way connected in the instant case and the allegations levelled against him are totally false and fabricated. He further submitted that the Police authority did not recover any kind of NDPS materials from the house of the accused applicant but he fled away from the scene/ house out of fear of the police party. He further submitted that, in fact, though there was some seizure of certain poppy seeds (crushed), however, the same does not fall under the purview of the NDPS Act. He further submitted that though he has been named by the accused Yusuf Ali, the Police on searching his house could find anything as it is evident from the contents of the aforesaid FIR. He submitted that though he is not connected with the instant case since the Police visited his house and certain other accused persons have been arrested, he too is apprehending his arrest and therefore, prayed for granting the accused applicant the Page No.# 4/5 privilege of pre-arrest bail. He further submitted that the accused applicant shall co-operate with the investigation and shall be present as and when required by the Investigating Authority. 6. The learned Addl. PP submitted that though the accused applicant was named by one of the suspected accused person, there is no prima facie material against the accused applicant in the Case Diary. 7. This Court has heard the learned counsels for the respective parties and has also gone through the Case Diary. It is seen from the Case Diary that there is no incriminating materials against the accused applicant other than that he was named by Yusuf Ali. None of the accused arrested, in their statements before the Investigating Authority have implicated the accused applicant for committing any offence in the instant case. 8. In view of the aforesaid submissions and on consideration of the matter in it’s entirety, this Court is of the considered view that this is a fit case, wherein, the privilege of pre-arrest bail can be extended to the accused applicant. Accordingly, it is directed that in the event of the arrest of the accused applicant, namely, Mojmul Hoque @ Majmul Husain, he shall be released on pre-arrest bail on furnishing a bail bond of Rs.30,000/- with 2 (two) sureties of like amount to the satisfaction of the arresting authority. However, the above bail order is subject to the following conditions: (i) the accused applicant shall appear before the I.O. of the case within a period of 10 (ten) days from the date of this order; (ii)the accused applicant shall co-operate with the investigation; (iii) the accused applicant shall not in any manner hamper or tamper Page No.# 5/5 with the evidence. This Anticipatory Bail application stands disposed of as allowed. Return the Case Diary, forthwith. JUDGE Comparing Assistant