Page No.# 1/4 GAHC010182912025 2025:GAU-AS:11958 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2007/2025 GULAB SAHU S/ORAM SURESH SAHU PERMANENT ADDRESS- R/O AKOPUR MAHEKHAIRA P.S. SINGHIA DIST. SAMASTIPUR, BIHAR PRESENT ADDRESS-C/O ZELHAJ ALI R/O BIJOYNAGAR P.S. PALASHBARI DIST. KAMRUP (R), ASSAM. VERSUS THE STATE OF ASSAM ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : REP. BY THE PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.09.2025 Heard Mr. A. Paramanik , learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail in respect of the accused/petitioner namely Gulab Sahu in connection with Basistha P.S. Case No.: 324/2025 under Section- 305(e) of BNS, R/w sec 7 of Essential Commodities Act, 1955. 3. The allegations as reflected in the FIR is that the informant namely SI (P) Bhaskar Jyoti Gogoi lodged a written FIR before Basistha P.S wherein he inter-alia alleged that on 12/06/2025 at around 11.40 P.M, on received of an information from a reliable source that a Truck vehicle bearing registration AS-28-C-9430 was carrying illegal Urea from Barpeta en-route to Meghalaya via Jorabat. Accordingly, as per the instructions from senior official, he along with Jorabat OP staff was conducting Naka checking at NH27, Near Mahindra Showroom, Jorabat. During Naka Checking duty at about 1.40 AM on 13/06/2025, the said vehicle was intercepted. They demanded production of vehicle papers and transit permits for the loaded urea in the said vehicle, but the driver failed to produce any documentation from competent authority. Immediately the driver was apprehended on the spot. On further verbal interrogation, the driver Page No.# 3/4 namely Shahidul Khan (36 yrs), S/O- Lt. Sorbhej Khan, R/O- Khudraf Aladi, P.O.-Bhogdia, PS- Sarthebari, Dist: Barpeta, Assam confessed that he had been transporting those urea bags without legal permission on multiple occasions. During, physical inspection it was confirmed that all urea bags bore the marking as "Pradhan Mantri Bhartiya Jana Urvarak Pariyojana", confirming them as government- subsidized fertilizer being diverted illegally. He immediately seized the Truck vehicle bearing Reg. No: AS-28-C-9430, 280 Nos. of Urea Bags bore the marking as "Pradhan Mantri Bhartiya Jana Urvarak Pariyojana", from view on the spot U/S-106 Of BNSS in the presence of independent witnesses at NH27, Near Mahindra Showroom, Jorabat. Hence the Case. 4. CD has been received. 5. It is stated that pursuant to interim protection granted by this Court, the petitioner has appeared before the I.O. and has deposed to his role in the alleged acts as reflected in the FIR. 6. The offences are carrying maximum of 7 years imprisonment as penalty. 7. Having regard to the aforesaid facts, custodial interrogation of the petitioner may not be necessary. 8. Consequently, prayer for interim bail is allowed. 9. The accused abovenamed shall be released on bail of Rs. 20,000/- with 2 sureties of like amount to the satisfaction of the arresting authority. Bail is granted on the condition that the accused Page No.# 4/4 shall regularly participate in the trial and shall not attempt to influence the witnesses. JUDGE Comparing Assistant