Page No.# 1/3 GAHC010259022024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3816/2024 MOHAR ALI AND ANR S/O JABUR ALI R/O AMINPARA P.S. ROWTA DIST. UDALGURI (BTR), ASSAM 2: SAIFUL ALI S/O MOMTAJ ALI R/O AMINPARA P.S. ROWTA DIST. UDALGURI (BTR) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : TUN RAJKHOWA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 30.01.2025 Heard Ms. T Rajkhowa, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. By this application under Section 483 BNSS, 2023, the petitioners, namely, (i) Mohar Ali, son of Jahur Ali and (ii) Saiful Ali, son of Momtaj Ali, both residents of village-Aminpara, P.S.-Rowta, District-Udalguri, are seeking bail in Udalguri Police Station Case No. 116/2024 registered under Section 20(b)(ii)(C) of the NDPS Act, corresponding to G.R. No. 643/2024, in which they were arrested on 15.09.2024 and are in custody since then. 3. As per the FIR dated 14.09.2024, the case is that on the basis of specific information received from reliable source that one Bolero Pick Up vehicle bearing Registration No AS- 12CC-1601 was carrying suspected Cannabis (Ganja) from Arunachal Pradesh towards Assam via Bhairabkunda-Kahibari road escorted by another Maruti Suzuki Alto vehicle bearing Registration No. AS-01-EQ-7806, General Diary Entry was made vide Bhairabkunda Outpost G.D. Entry No. 225 dated 13.09.2024 and a team of police personnel with due authorization proceeded to Bhairabkunda-Kahibari road. During naka checking, the concerned vehicles were seized and from the possession of the petitioner No. 1, in total 104.860 Kgs. of suspected Cannabis (Ganja) were recovered. 4. Accordingly, said FIR dated 14.09.2024 was registered as Udalguri Police Station Case No. 116/2024 under Section 20(b)(ii)(C) of the NDPS Act, corresponding to G.R. No. 643/2024. 5. Petitioner No. 1 was produced before the learned Special Judge (NDPS), Udalguri and is in custody since 15.09.2024. 6. Mr. M P Goswami, learned Additional Public Prosecutor, Assam from the case diary has submitted that the petitioner No. 2 was also apprehended and taken into custody on Page No.# 3/3 15.09.2024 and was produced before the learned Special Judge (NDPS), Udalguri. 7. Mr. M P Goswami, learned APP, Assam from the case diary further submitted that the petitioner No. 2 along with petitioner No. 1 is found to be involved in procuring, transporting and selling of NDPS items and that FSL report dated 11.12.2024 confirmed those seized NDPS items from the possession of the petitioner No. 1 to be Cannabis (Ganja). 8. Considering such materials in the case diary regarding the involvement of the petitioners in the alleged crime, this Court is of the opinion that their detention since 15.09.2024 cannot be considered for their bail in said Udalguri Police Station Case No. 116/2024. 9. Accordingly, this bail application of the petitioners, namely, (i) Mohar Ali, son of Jahur Ali and (ii) Saiful Ali, son of Momtaj Ali, in Udalguri Police Station Case No. 116/2024, stands rejected. 10. Return the case diary. JUDGE Comparing Assistant