GULAM MUSTAFA SEIKH AND 2 ORS. v. THE STATE OF ASSAM
Bail Appln./2965/2025 · 2025-09-25
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18956 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18956 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010202022025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2965/2025 GULAM MUSTAFA SEIKH AND 2 ORS. S/O MOHURUDDIN SEIKH R/O VILL- KUKURMARA PART-III,P.O. RADHAMADHAB HAT, P.S.
MANKACHAR, DIST. SOUTH SALMARA, ASSAM, PIN- 788131. 2: MIRAZUL RAHMAN S/O LATE MOJIBOR RAHMAN RESIDENT OF VILL- KUKURMARA PART-III
P.O. RADHAMADHAB HAT P.S. MANKACHAR DIST. SOUTH SALMARA ASSAM PIN-788131. 3: NURUL ALI S/O NURZAMAN SEIKH R/O VILL- OKHRABARI P.O. RADHAMADHAB HAT P.S. MANKACHAR
DIST. SOUTH SALMARA ASSAM PIN-783131 VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR I RAFIQUE, N CHAKRABORTY,MRS S A CHOUDHURY
Page No.# 2/3 Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26 .09. 2025 Heard Ms. S.A. Choudhury, learned counsel for the petitioners and Mr. P.S. Lahkar, learned Addl. PP for the State respondent. This application has been filed by the petitioners namely, (1) Gulam Mustafa Sheikh, (2) Mirazul Rahman and (3) Nurul Ali under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Dispur P.S. Case No. 652/2025 under Section 22(b) of the NDPS Act read with Sections 180/ 61(2) of the BNS, 2023. The allegation made against the petitioners is that the petitioners are involved in dealing with the fake Indian currency and on search, the petitioners were interrogated and they were apprehended in connection the aforementioned case. Upon perusal of the case diary, Notices under Sections 47 and 48 BNSS could not be found therein and therefore, the contention of the petitioners that no such notice was served upon them appears to be correct. Having regard to the above and considering the matter in the light of the decision of the Hon’ble Supreme Court in Vihaan Kumar Vs. State of Haryana, reported in (2025) SCC Online SC 269 and also considering the period of detention of 51 days already undergone by the petitioners, the prayer for bail is allowed. Accordingly, it is directed that the petitioners named above be released on
Page No.# 3/3 bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties each of the like amount to the satisfaction of the learned Special Judge (NDPS), Kamruup (Metro), Guwahati in connection with the aforementioned case.
It is further provided that the petitioners shall not try to influence the witnesses in any manner and shall cooperate with the investigation as and when required. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant