Page No.# 1/3 GAHC010186342025 2025:GAU-AS:12391 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2022/2025 ROFIK KHAN S/O LATE REFAT ALI KHAN RESIDING AT AIRANGJONGLA PT. III ()NEW GHAT), P.O. A.M.CO. ROAD, P.S. AND DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM, REP BY THE PP, ASSAM Advocate for the Petitioner : E HUSSAIN, MR. A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 11.09.2025. Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam appearing for the State respondent. This is an application under Section 482 of the BNSS, 2023 praying for grant of Page No.# 2/3 pre-arrest bail to the accused/petitioner, namely, Rofik Khan who is apprehending arrest in connection with the Special Case No.541/2024 (arising out of Gauripur P.S. Case No.111/2024, under Section 21(b)/22(C)/29 of the NDPS Act. The scan copy of the TCR was called for but has not been received. However it is submitted by Mr. Rahman, learned counsel for the petitioner that the present petitioner is ready and willing to appear before the learned Trial Court below and to contest the case, if he is provided with some interim protection. Mr. Rahman further submitted that the accused in innocent and nothing has been seized from the conscious possession of the petitioner, which reveals from the FIR itself. The petitioner was not aware about the pendency of this case and police never searched for him during the investigation and hence, he was not aware about the pendency of this case. Mr. K. Baishya, learned Additional Public Prosecutor has submitted in this regard that without perusal of the scan copy of the TCR, it is not possible on the part of the prosecution to submit on the merit of the case and it is a fact that the accused petitioner was shown as an absconder in the charge sheet. Accordingly, Mr. Baishya insisted on call for the case record. Hearing the submissions made by learned counsel for both sides, the petitioner is hereby directed to appear before the learned Trial Court below with an appropriate application for regular bail, which may be considered in accordance with the law. However, merit could not be discussed in the present case due to non- Page No.# 3/3 availability of the TCR. The petition is disposed of accordingly. JUDGE Comparing Assistant