Page No.# 1/3 GAHC010279062024 2025:GAU-AS:5134 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/6/2025 ABUL HUSSAIN TAPADAR S/O LATE MUJIBUR HUSSAIN TAPADAR R/O VILL- GANDHARBA KHANI PART-I, P.O. MULLAGANJ BAZAR P.S. PATHARKANDI DIST. KARIMGANJ, PIN-788719 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS A BORAH,MS A DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 28.04.2025 Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the petitioner in connection with Nilambazar P. S. Case No. 122/2024 in correspondence with G. R. Case No. 1089/2024, registered under Sections 20(b)(ii)(c)/25/29 of NDPS Act. 3. It is submitted by the learned counsel for the petitioner, Mr. Biswas, that the petitioner is innocent and he is no way connected to the alleged offence. He was unaware of the pendency of the case against him, as the police never searched for him during the investigation. However, upon learning about the issuance of the BWA against him, he appeared before this Court with an application for bail, seeking interim protection so that he may appear before the learned Trial Court and contest the case. He further submitted that anticipatory bail can be granted even in cases where a charge sheet has been filed. To substantiate his plea, he relied on judgments passed by the Supreme Court, Co-ordinate Bench, and other High Courts, as outlined below: i. Musheer Alam vs. The State of Uttar Pradesh & Anr. [Spl. Leave to Appeal (Crl) No.18081/2024 dated 17.01.2025]; ii. Kabir Ahmed (M.D) vs. State of Assam [Crl. Petition No.306/2010 dated 31.08.2010]; iii. Dipak Mizar @ Deepak Mijar vs. The State of Assam & Anr. [AB Case No.1707/2024 dated 21.10.2024]; and Page No.# 3/3 iv. Bharat Chaudhary & Anr. vs. State of Bihar & Anr., reported in 2003 (8) SCC 77; 4. He further submitted that the present petitioner is a permanent resident of the addressed locality and will appear before the learned Trial Court on each and every date fixed by the said Court, if he is granted bail. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, has submitted that 801.1 kg of ganja was recovered from the shop of the accused/petitioner. During the investigation, he did not cooperate with the Investigating Officer, and several attempts were made to arrest the accused petitioner, but he was found absconding. Additionally, his mobile phone was found to be switched off. Thus, at this stage, the prosecution raises objections and submits that this is not a fit case to grant any interim protection to the petitioner. 6. Hearing the submissions made by the learned counsels for both sides and considering the other aspects of the case, the petitioner is hereby directed to appear before the learned Court below within 15 (fifteen) days from today. Upon his appearance and his filing a petition for the grant of regular bail, the learned Court below shall consider the same in accordance with the law. Further, no coercive action shall be taken against the accused/petitioner, and till then, the BWA, stands suspended. 7. In terms of above, this anticipatory application stands disposed off. JUDGE Comparing Assistant