Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010256692024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3172/2024 JAHIDA KHATUN W/O KALIMUDDIN ALI R/O SATIPUR P.S. KAJALGAON, DIST. CHIRANG, ASSAM PIN- 783385 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALAM, MR. Z H BORA,MR F H LASKAR (2),MR G J TALUKDAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.01.2025 Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. M. Alam, learned counsel for the petitioner. Also heard Mr. K. Baisya, learned Additional Public Prosecutor. 2. By filing this bail application under Section 482 of BNSS, the petitioner, Jahida Khatun has prayed for pre-arrest bail, who is apprehending arrest in
Page No.# 2/3 connection with Kajalgaon PS Case No. 110/2024 registered under Section 21(b) of NDPS Act. 3. It is submitted by the learned counsel for the petitioner that the age of the petitioner is 22 years and she is suffering from physiological disorder and frequent epilepsy episodes are also encountered. She has been already referred to GMCH for undergoing medical treatment. He further submitted that she has no knowledge regarding the presence of the contraband substances in her house. Considering the background of the case and the nature of the offence, benefit of pre-arrest bail may be extended to the petitioner. 4. On the other hand, Mr. K. Baisya, learned Additional Public Prosecutor has produced the case diary and vehemently objected to the prayer of the petitioner by stating that the petitioner is very much involved in the alleged offence as commercial quantity of contraband recovered from the possession of the accused petitioner and there is sufficient incriminating materials found in the case diary against the petitioner. Considering the nature of offence, the prayer of the petitioner may not be considered at this stage. 6. I have considered the submissions made by the learned counsel for the parties. I have also perused the relevant documents available in the case diary. 7. It is not acceptable that without the knowledge of the petitioner such large quantity of narcotic substances have been kept in her house. Considering the fact as well as background of the case, this Court is not inclined to grant bail to the petitioner. Hence, prayer for bail is rejected. 8.
The pre-arrest bail application stands disposed of accordingly. Page No.# 3/3
9. Return the case diary. JUDGE Comparing Assistant