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2025 DAILYLAW 17778 (GAU)

MD HAZRAT ALI AND ANR v. THE STATE OF ASSAM

Bail Appln./2682/2025 · 2025-09-03

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010183972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2682/2025 MD HAZRAT ALI AND ANR SON OF MAKBUL HUSSAIN, R/O- VILL - PORABHARAL, P.O- SUKMANAH, P.S. PATACHARKUCHI, DIST- BAJALI, ASSAM, PIN- 781316. 2: MD EYARHAN ALI DEWAN SON OF DEWAN NURUZ ZAMAN R/O- VILL AND P.O- SUKMANAH P.S- PATACHARKUCHI DISTBAJALI ASSAM PIN-781316 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M KALITA, MR. N M DAS,MR. J HATIMURIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.09.2025 Page No.# 2/3 1. Heard Mr. M. Kalita, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. 2. By this petition under Section 483 BNSS, the accused-petitioners, namely, Md. Hazrat Ali and Md. Eyarhan Ali Dewan who were arrested on 06.08.2025 in connection with Patacharkuchi PS Case No. 159/2025 under Section 21(b)/27A of NDPS Act are seeking bail. 3. The gist of allegation in the FIR is that during Naka checking at Galiya, Bajali six numbers of plastic vials containing suspected heroin inside a black colour polythene carry bag totaling 08.20 grams including the weight of plastic vials were recovered from the pocket of the petitioners. 4. As per inventory prepared available in the case diary, during the process of weighment, suspected drugs kept inside the plastic container were found to be 2.34 grams and hence, the quantity of the suspected heroin is lesser than 5 gram. 5. From the above inventory certified by the Magistrate, it is clear that in this case, the offence falls under the category of small quantity and hence, the offence is bailable in nature. 6. Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs.50,000/- each (Rupees Fifty Thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, NDPS, Bajali subject to the following condition- i) That the accused petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. 7. Return the case diary. Page No.# 3/3 8. The bail application stands disposed of. JUDGE Comparing Assistant