Page No.# 1/3 GAHC010212252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2895/2025 ABDUL KHALEQUE S/O- NURUL AMIN. VILL.- HATIPOTA PT-I P.O.- AND P.S.- BILASIPARA DIST.- DHUBRI PIN - 783348. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM. ------------ Advocate for : MR. M U MONDAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24.09.2025 1. Heard Mr. M.U Mondol, learned counsel of the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner Abdul Khaleque in connection with Bilasipara PS Case No. 161/2022 (Corresponding to G.R Case No. 382/2022) under Section 120(B) of the IPC R/W Section 25(1A) of the Arms Act. 3. The facts of the case are that on 29.07.2025, the informant has lodged an FIR stating that a secret information was received by the officer in charge Bilasipara police station on 29.07.2025 at about 8.36 PM, that two person in a super splendor bike carrying large quantity of Narcotics drugs to Bilasipara town through Baniyapara bridge. Accordingly, GDE was made by OC Bilasipara PS vide PS GDE No. 30 dated 29.07.2025. Accordingly, the police party reached the Baniapara Bridge at 8.45 PM apprehended one Abdul Khaleque and Mohibul Mondal and also recovered the suspected drugs from inside the helmate of the motor cycle use by Abdul Khaleque and Mohibul Mondal. Hence, the case. 4. It is submitted that although the case is registered under Section 22(C) of the NDPS Act, it is apparent from the seizure list that the quantity of seized contraband would place the case in the category of intermediate quantity. 5. A perusal of the seizure list would show that 243 grams of SAMPEX Tramadol Hydrochloride were seized and the commercial quantity in respect thereof is 250 grams and 72 grams of Nitcor Nitrazepam were also seized wherein the commercial quantity is 500 grams. Hence, it is apparent that the offence relates to intermediate quantity and that statutory period of detention in respect of such offence is 60 days. The petitioner has already spent 58 days behind Page No.# 3/3 bars. 6. Having regard to the above, the prayer for bail is allowed. The accused/petitioner Abdul Khaleque is allowed to go on bail of Rs. 50,000/- with 2(two) sureties of the like amount to the satisfaction of the Ld. Additonal Sessions Judge, Bilasipara under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of the Ld. Additonal Sessions Judge, Bilasipara. 7. Accordingly, the petition stands allowed and disposed of. JUDGE Comparing Assistant