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2025 DAILYLAW 21680 (GAU)

MD RUHUL AMIN v. THE STATE OF ASSAM

Bail Appln./3824/2024 · 2025-01-08

Manash Ranjan Pathak

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Judgment text

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Page No.# 1/3 GAHC010263662024 2025:GAU-AS:346 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3824/2024 MD RUHUL AMIN S/O ABDUL WAHAB VILL- ISLAMPUR BESAPATI P.S. LALUK DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G PHUKAN, MS A GOGOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 09/01/2025 Heard Mr. G Phukan, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Md. Ruhul Amin, son of Abdul Wahab, resident of Village-Islampur Besapati, P.S. Laluk, District- Lakhimpur, seeking bail in Laluk P.S. Case No. 191/2024 registered under Sections 21(b)/29 of the NDPS Act corresponding to G.R. No. 925/2024, wherein he was arrested on 15.11.2024 and is in custody since then. 3. As per the FIR dated 15.11.2024, on receipt of specific information around 09.45 pm on 14.11.2024 that the petitioner along with another proceeded towards No. 2 Islampur Block near Pre- Madrassa School to supply NDPS items in their motor cycle, police personnel from Laluk Police Station after making G.D. Entry vide G.D. Entry No. 342 dated 14.11.2024 with due authorization proceeded to the said place and on reaching the said site around 10:00 pm apprehended the petitioner and his colleague, who were riding a Bajaj Pulsar 150 bearing registration No. AS-07-P2-2166. From their possession, all together 47.1 gms. of orange colour powdery substance suspected to be heroin was recovered from 37 nos. of plastic vials. Accordingly, those were seized and the petitioner was apprehended. Thereafter, said FIR of the case dated 15.11.2024 was registered as Laluk P.S. Case No. 191/2024 under Sections 21(b)/29 of the NDPS Act corresponding to G.R. No. 925/2024. 4. After making due inventory on 15.11.2024, the Court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur found 5.1 gms. of suspected heroin from the possession of the petitioner. Accordingly, he was produced before the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur and since then he is in custody. 5. Perused the case diary placed before the Court by Mr. Sarma, learned Additional Public Prosecutor, Assam which indicates that the petitioner and his other colleague are involved in procurement, transportation and selling of NDPS items within and around the said area and are in the business of said NDPS items as drug paddlers since long. 6. Though, it is urged on behalf of the petitioner that considering his detention in custody since Page No.# 3/3 15.11.2024, he should be released on bail, but finding sufficient incriminating materials in the case diary with regard to his involvement in the alleged crime, this Court is of the view that it is not a fit case to grant bail to the petitioner, Md. Ruhul Amin, in said Laluk P.S. Case No. 191/2024 considering his detention since 15.11.2024. 7. Accordingly, this bail application of the petitioner, named above, in said Laluk P.S. Case No. 191/2024 stands rejected. 8. Return the case diary. JUDGE Comparing Assistant