Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010184052025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2686/2025 NUR ALOM S/O MUSLEM @ MUSLIM VILL- JHOUDONGA PT.II, (JORDANGA PT.II) P.O. JHOWDANGA P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 16.09.2025
1. Heard Mr. M. R. Khandakar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. The application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Nur Alom, who has been detained behind the bars since
Page No.# 2/3 23.07.2025 (for last 55 days) in connection with Boko P.S. Case No. 245/2025 under Sections 21(b)/29 of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 23.07.2025, one Dipanjali Borah, SI of Police had lodged an FIR before the Officer-in-charge of Boko Police Station, inter alia, alleging that on receipt of an information through reliable sources that some narcotic substances would be transported from Mankachar via Palashbari, Boko to the Kamrup district in a white colour bolero car, a naka checking was set up and the said white bolero car bearing Registration No. AS- 01-FR-2311 was intercepted near Boko Range Forest Office. In the said bolero vehicle, four occupants, namely, Akhirul Islam, Nur Alom (present petitioner), Ali Hussain and Ebat Hussain @ Ebad @ Ibat were found inside the said vehicle. On the search on the said vehicle, 130 grams of suspected heroin was recovered therefrom. 4. The learned counsel has submitted that the seized car belongs to the wife of the present petitioner and on that day, he was coming by the said vehicle along with the driver, namely, Akhirul Islam and on the way, two persons, namely, Ali Hussain and Ebat Hussain @ Ebad @ Ibat took lift and later on, the seized contraband was found from their possessions. 5. The learned counsel for the petitioner further submits that the petitioner has been detained behind the bars for last 55 days and the maximum period for which he may be detained during the period of investigation under Section 487 of the BNSS, is only 60 days and, therefore, he prays that considering the period of detention, he may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has
Page No.# 3/3 produced the case diary of Boko P.S. Case No. 245/2025 and has submitted that the investigation has fairly progressed and it is pending mainly for FSL report. 7. I have considered the submissions made by the learned counsel for both sides. 8.
Considering the progress made in the investigation and period of detention already undergone by the petitioner, this Court is of opinion that, if the petitioner co-operates in the investigation, his further detention may not be necessary for fair completion of the investigation of the aforesaid case. 9. In view of above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Special Judge, Kamrup, Amingaon with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such
facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation;
10. This bail application is accordingly disposed of.
11. Send back the case diary.
JUDGE Comparing Assistant