Page No.# 1/3 GAHC010272162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2924/2025 SHAHAD ALI MONDAL S/O. LATE PARBAT ALI MONDAL, R/O.VILL. PUBRATIADAHA, P.O. BISANDAI, P.S.GOLAKGANJ, DIST- DHUBRI,ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 12.12.2025 Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. P.P., Assam appearing for the State. The petitioner has filed this application praying for the privilege of Page No.# 2/3 pre-arrest bail in connection with Special Case No.139/2025, arising out of Gauripur P.S. Case No.595/2020 under Section 22(B) of the NDPS Act, pending in the Court of learned Special Judge, Dhubri. The learned counsel for the petitioner has submitted that the petitioner was the erstwhile owner of a motor cycle which has been found involved in the aforesaid case. The learned counsel for the petitioner has submitted that the motor cycle has been sold in the year 2015 itself and the case in which he has now been summoned before the Court is of the year 2020. The learned counsel for the petitioner has submitted that if given an opportunity he would be able to place the relevant documents before the Court. However, since the vehicle has been found involved in the case, he apprehends that he may be arrested before he can approach the Court for adducing his evidence as required by the summons. The learned Addl. P.P. has, however, submitted that in the bail petition there is no document to show that the petitioner has, in fact, sold the motor cycle prior to the date on which contrabands were seized. The learned counsel for the petitioner has submitted that, in fact, the petitioner has also lodged an F.I.R. 26.11.2025 before approaching this Court regarding the non-transfer of the motor cycle by the then buyer. Having regard to the facts and circumstances of the case, it is Page No.# 3/3 hereby directed that the petitioner shall appear before the learned Special Judge (NDPS), Dhubri within 15 days from the date of this order. On his appearance before the Trial Court, he shall file an appropriate application for bail with all necessary documents in support thereof. The learned Trial Court shall consider the said application for bail on its own merit. It is provided that if, in the meantime before his appearance before the learned Trial Court, he is apprehended or arrested, he shall be released on bail on furnishing a bail bond of Rs.20,000/- with one surety of the like nature to the satisfaction of the arresting authority, which privilege shall expire on the 15th day from today allowing the petitioner to appear before the learned Trial Court. With the above observation, the instant Anticipatory Bail Application stands disposed of. JUDGE Comparing Assistant