Page No.# 1/3 GAHC010212772025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3080/2025 MUSSTT FATEMA KHATUN WIFE OF AFJARUL HUSSAIN, VILL- BORBORI, P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : S K PODDAR, MR. C SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.09.2025 1. Heard Mr. S. K. Poddar, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS has been filed by the petitioner, namely, Musstt Fatema Khatunwho has been detained behind the bars since 07.08.2025(for last 43 days) in connection with Laharighat P.S. Case Page No.# 2/3 No. 171/2025 under Sections 21(b)/29 of the NDPS Act. 3. The gist of accusation in this case is that on 07.08.2025, one Juganta Medhi, SI of Police of Laharighat had lodged an FIR before the Officer-in-charge of Laharighat Police Station, inter alia, alleging that an information was received through reliable sources regarding the selling of heroin near Borbori Laharighat Police Station. On receipt of an information, a police team was constituted and the residence of Afjarul Hussain was raided. During the search operation, the husband of the petitioner was not found and 93.55 grams of suspected heroin was recovered there from. 4. The learned counsel for the petitioner has submitted that bare perusal of the FIR would show that the information received by the police was regarding involvement of the husband in the recovery of the suspected drugs. When the police raided the house of the petitioner as she was found therein, she was arrested. 5. The learned counsel for the petitioner submits that the petitioner has been detained behind the bars for last 43 days and she is carrying a pregnancy of eight months. In support of his submission, the learned counsel for the petitioner has produced a copy of medical report issued by the Medical and Health Officer, District Jail, Morigaon which shows that the petitioner is carrying a pregnancy of eight months. 6. I have also heard the learned Additional Public Prosecutor. 7. Considering the submissions made by learned counsel for the parties as well as materials on record, it appears that the quantity of heroin recovered Page No.# 3/3 from the residence of the petitioner is an intermediate quantity and, therefore, embargo of Section 37 of the NDPS Act is not applicable in this case. Moreover, considering the advanced stage of pregnancy of the present petitioner, this Court is inclined to grant bail to her. 8. Accordingly, the above petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of like amount, subject to the satisfaction of the learned Special Judge, Morigaon, with following conditions: i. That the petitioner shall co-operate in the investigation of Laharighat P.S. Case No. 171/2025; ii. That the petitioner shall appear before the Investigating Officer as and when so required by the Investigating Officer; iii. 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 before the Investigating Officer; iv. That the petitioner shall not leave the jurisdiction of the jurisdictional police station without prior permission of the Investigating Officer and when such leave is granted, the petitioner shall submit her leave address and contact details during such leave before the Investigating Officer. v. That the petitioner shall not commit any offence while on bail. 9. This bail application is accordingly disposed of. JUDGE Comparing Assistant