Page No.# 1/3 GAHC010208512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3013/2025 HEBJUR RAHMAN SON OF ABDUL KORIM VILLAGE BHARALUMUKH, WARD NO 09, P.S. MOIRABARI, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : S K PODDAR, R MANDAL,MS. N PODDAR,MR. C SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.09.2025 1. Heard Mr. S.K. Poddar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, Hebjur Rahman, who has been detained in custody since 25.08.2025 Page No.# 2/3 (for the past 32 days) in connection with Moirabari PS Case No. 135/2025, registered under Sections 21(b)/25 of the NDPS Act, 1985. 3. The gist of the accusation in this case is that on 24.08.2025, one Jaya Pegu, SI of Police, lodged an FIR before the Officer-in-Charge of Moirabari Police Station, inter alia, alleging that local persons apprehended a peddler in possession of 5.23 grams of suspected heroin. 4. The learned counsel for the petitioner has submitted that the petitioner is a habitual drug addict and requires rehabilitation. He further submits that, considering the quantity of contraband seized in this case and the period of detention already undergone by the petitioner, bail may be granted. 5. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the present petitioner on the ground that the petitioner is a medical offender and there are pending cases against him under the NDPS Act. He further submits that the Apex Court has observed that in NDPS cases involving habitual offenders, the court should exercise caution while granting bail. 6. I have considered the submissions made by the learned counsel on both sides and examined the case diary of Moirabari PS Case No. 135/2025. The petitioner has stated in this petition that he is a drug addict. If that is so, he requires rehabilitation. Moreover, perusal of the case diary reveals that the investigation has progressed and is currently pending receipt of the FSL report. Considering all these aspects, along with the quantity of contraband seized and the period of detention already undergone, this Court is of the considered opinion that further custodial detention of the petitioner is not necessary for the fair investigation of Moirabari PS Case No. 135/2025. Page No.# 3/3 7. For the reasons mentioned above, the petitioner is allowed bail on a bond of Rs. 30,000/- with one surety of the like amount, subject to the satisfaction of the learned Special Judge, Morigaon, with the 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; 8. This bail application is accordingly disposed of. 9. Send back the case diary. JUDGE Comparing Assistant