Page No.# 1/3 GAHC010272802024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3894/2024 HAZRAT ALI S/O ALAUDDIN RESIDENT OF VILLAGE BARTARI, PS KALGACHIA DIST BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N MAHAJAN, MR. D BORA,MR. P K DAS,MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 09-01-2025 Heard Mr. N. Mahajan, the learned counsel for the petitioner and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 07.12.2024 in connection with Kalgachia P.S. Case No. 164/2024 u/s 20(b)(ii) (B)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. 3. Heard the submissions made by learned counsel for both sides. Also the Case Diary is received and perused the same. 4. It is submitted by Mr. Mahajan that the present accused/petitioner is innocent. However, it is a fact that on the day of the incident he went to the house of co-accused only to purchase the contraband and he is a consumer and the police also recovered the contraband under the bed of co-accused. Further, he is behind the bars since last 34 days and the Investigating Officer got sufficient opportunity to interrogate the petitioner keeping him in custody. However, he was not sought for any police remand after his arrest and he was directly called for judicial custody. The accused is a permanent resident and he will provide sufficient surety if he is granted the privilege of bail. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that from the materials available in the Case Diary it is seen that the contraband was recovered from the house of co-accused in presence of the present accused. But, the other co-accused could not be apprehended at the time of incident and subsequently the co-accused also got arrested in connection with this case. Mr. Baruah further submitted that FSL report is yet to be collected and thus he raised objection in allowing the bail petition. 6. Hearing the submissions made by learned counsel for both sides, materials available in the Case Diary and also considering the quantity of contraband which is less than commercial quantity and the length of detention already Page No.# 3/3 undergone by the petitioner, I find that further custodial detention may not be required for the interest of the investigation and accordingly I find it proper to allow the petitioner to go on bail. 7. Accordingly, considering the length of detention, the accused/petitioner is released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Barpeta. The accused/petitioner, namely Hazrat Ali, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Barpeta without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant