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2025 DAILYLAW 20062 (GAU)

MASTA FOIZUR RAHMAN AND ANR v. THE STATE OF ASSAM

Bail Appln./3290/2025 · 2025-10-13

Shamima Jahan

body2025

Judgment text

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Page No.# 1/4 GAHC010222642025 2025:GAU-AS:13706 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3290/2025 MASTA FOIZUR RAHMAN AND ANR SON OF MINAJ UDDINLASKAR, RESIDENT OFVILLAGE KANAKPUR PT- IMANGALPUR, P.S.JOYPUR, DISTRICT- CACHAR, ASSAM. 2: ROHIM UDDIN LASKAR SON OF TOJIM UDDIN LASKAR RESIDENT OF-2-VILLAGE MAKHAN NAGAR P.S. - JIRIGHAT DISTRICT -CACHAR ASSAM PIN-78810 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. U NANDA,MR. P S BISWAS,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 14.10.2025 Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State. By this application, the petitioner has prayed for bail in connection with NDPS Case No. 80/2025 arising out of Joypur P.S Case No. 19/2025 registered under Section 21(b)/25/29 of the NDPS Act, 1985. The FIR dated 02.07.2025 reflects that on secret information, the police personnel along with the team reached the house of the petitioner and upon search being made, found four (4) numbers of soap cases containing suspected Heroin. As such, seizure was made and the investigation started. On completion of investigation submitted the charge sheet against the petitioner and others on 29.09.2025. Mr. S.C. Biswas, learned counsel for the petitioner submits that the petitioner had gone to the house from where the articles were seized as a guest and he was Page No.# 3/4 caught in the process along with the narcotics and as such, he submit that the petitioner has no connection with the instant case. Mr. K.K. Parashar, learned Addl. Public Prosecutor however submits that the contraband were seized from the house of the petitioner as stated in the FIR as well as in the Charge Sheet and as such has submitted that no bail may be granted to the petitioner. Upon consideration of the submissions made at the bar and upon perusal of the seizure list, which shows that the amount of the contraband seized from the petitioner was more than small quantity and lesser than commercial quantity and that on further consideration that the petitioner has been inside the jail for 104 days and more so, the Charge Sheet has been filed, this Court finds it fit to release the petitioner on bail on furnishing a bail bond of Rs. 20,000/- with one (1) local surety of the like amount to the satisfaction of the Special Judge, Cachar, Silchar with the following conditions:- (1) The petitioner shall cooperate with the investigation and appear before the Special Judge, Cachar, Silchar as and when called for. (2) The petitioner shall not tamper with the evidence or influence any of the witnesses. Page No.# 4/4 (3) The petitioner shall not leave the jurisdiction of the Special Judge, Cachar, Silchar without the permission of the said Court. Petition is disposed of. JUDGE Comparing Assistant