Page No.# 1/3 GAHC010280452024 2025:GAU-AS:406 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./35/2025 MD JAMIRUDDIN S/O LATE ABDUL LATIF R/O VILL- RAJABARI TOCKLAI TARUN NAGAR, UNDER JORHAT, POLICE STATION, IN THE DISTRICT OF JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 10-01-2025 Heard Mr. B. M. Choudhury, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. By this application, the petitioner, namely, Md. Jamiruddin, son of late Abdul Latif, resident of Village-Rajabari, Tocklai, Tarun Nagar, Police Station-Jorhat, District- Jorhat has filed under Section 483 BNSS, 2023, seeking bail in Jorhat Police Station Page No.# 2/3 Case No.512/2024 registered under Sections 21(b)/25 of the NDPS Act, corresponding to G.R. No.800/2024, wherein, he was arrested on 21.11.2024 and is in custody since then. 3. Matter relates to recovery of 15.70 grams Heroin from the house of the petitioner along with cash, mobile phone etc. 4. It is submitted on behalf of the petitioner that considering his detention since 21.11.2024 and recovery of intermediate quantity of NDPS items, he should be considered for his bail. 5. From the perusal of the FIR of the case dated 20.11.2024, the forwarding report of the concerned Investigating Officer of the case dated 21.11.2024 pertaining to the petitioner and the case diary placed before the Court today by Mr. Sarma, it is seen that on the basis of special tipoff, police personnel from Jorhat Police Station visited the house of the petitioner and following the due procedure, searched him and his house premises in presence of independent witnesses and found suspected Heroin from the possession of the petitioner, and they considered it through the investigation Kit and found it to be suspected Heroin. The forwarding report as well as the case diary indicated that the petitioner was a habitual offender, who was earlier arrested in connection with Jorhat P.S. Case no. 44/2023 under Sections 21(b)/25/29 of the NDPS Act, in which, he was already charge-sheeted by Charge-Sheet No.146/2023 dated 30.04.2023. 6. The petitioner in this petition did not state about his earlier involvement in such NDPS case, in which he is a charge-sheeted accused and released on bail. 7. Considering the materials in the case diary and finding sufficient incriminating materials against the petitioner in the case, this Court is of the view that custodial detention of the petitioner since 21.11.2024 in said Jorhat P.S. Case No.512/2024 cannot be considered for his bail in said Jorhat P.S. Case. 8. Accordingly, this bail application of the petitioner, namely, Md. Jamiruddin, son Page No.# 3/3 of late Abdul Latif, in said Jorhat P.S. Case No.512/2024 stands rejected. 9. Return the case diary. JUDGE Comparing Assistant