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2025 DAILYLAW 24607 (GAU)

JAHANGGIR ALOM @ JAHANGIR ALOM AND ANR v. THE STATE OF ASSAM

AB/1810/2025 · 2025-10-29

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010162372025 2025:GAU-AS:14599 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1810/2025 JAHANGGIR ALOM @ JAHANGIR ALOM AND ANR S/O- LATE KORBAN ALI. R/O- CKIKARVITA, P.S.- LAKHIPUR, DIST.- GOALPARA, ASSAM. 2: NARJINA BEGUM W/O- JAHANGGIR ALOM. R/O- CKIKARVITA P.S.- LAKHIPUR DIST.- GOALPARA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, MR. A.H. MONDAL,P. KALITA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 30.10.2025 Heard Mr. A. Paramanik, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, Jahanggir Alom @ Jahangir and Narjina Begum, who are apprehending arrest in connection with Lakhimpur P.S. Case No. 80/2025 under Sections 21(A)/20(b)/22(c)/25/29 of NDPS Act. 3. The case arose out of an FIR lodged on 11.06.2025. It is stated in the FIR that based on secret information, a search was conducted in the house of the present petitioners and the adjacent house of his brother Ajijur Hoque. It is stated that prior to the conducting of search, the petitioners and the wife are stated to have fled away from the place of occurrence. It is stated that after conducting the search, in the presence of witnesses, contraband in form of 18 strips of Dicyclomine Hydrochloride, Tramadol and Hydrochloride & Acetaminophen Capsules with 24 nos. of capsules in each strip were found. Total number of capsules is stated to be 432, which were seized in presence of witnesses. 4. The learned counsel for the petitioner submits that the alleged contraband was not recovered from his conscious possession and that because of some recovery from the adjacent house of his brother, he has been implicated. The learned counsel denies that alleged quantity pertaining to the present petitioner falls in the bracket of commercial quantity thereby inviting the provisions under Section 37 of the NDPS Act. 5. The learned Addl. P.P. submits that on the basis of the FSL report indicating 0.5 Page No.# 3/3 grms of psychotropic substance tramadol in each capsules and in view of total 432 capsules - total amount of tramadol is 228.96 grms and it is fairly submitted that 250 grms being commercial quantity. The alleged recovery from the petitioner would fall in the bracket of intermediate quantity at this stage. 6. Perused the statements of the seizure witnesses. It is submitted by the learned Addl. P.P. that the investigation materials lends support to the allegations. The investigation is not yet completed. 7. Considering the allegations and the materials in its entirety, the possibility of the Investigating Officer having to investigate the backward and forward linkages regarding the alleged drug recovery cannot be ruled out and therefore, granting of anticipatory bail at this stage could be prejudicial to the investigation. 8. In such view of the matter, the anticipatory bail application stands rejected at this stage. 9. Send back the case diary. JUDGE Comparing Assistant