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2025 DAILYLAW 24904 (GAU)

FATEMA PARBIN AND ANR v. THE STATE OF ASSAM

Bail Appln./3477/2025 · 2025-11-20

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010235902025 2025:GAU-AS:15898 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3477/2025 FATEMA PARBIN AND ANR W/O- MIRAJUL ALI 2: MIRAJUL ALI S/O JALAL ALI PERMANENT ADDRESS-VILL- BARBARADI P.S. BARPETA DIST. BARPETA ASSAM PRESENT ADDRESS- BARSHAPARA P.S. FATASHIL AMBARI DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR. D ZAKARIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 21.11.2025 Heard Mr. S. Munir, learned counsel for the petitioners. Also heard Ms. S. Bora, learned Addl. P.P. appearing for the State respondents. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Fatema Parbin and Mirajul Ali, have prayed for bail in connection Panbazar P.S. Case No.302/2025 under Sections 21(b)/29 of NDPS Act. Both the accused persons were stated to be arrested on 29.09.2025 3. The case arose out of an FIR dated 29.09.2025. The gist of the allegation is that based on source information, a team of police personnel kept and watch on these two persons and they were later found to be in possession of contraband in the nature of heroin, which was seized in the presence of the witnesses. The quantity of the suspected heroine is stated to be 11.91 grms. 4. In this context, the learned counsel for the petitioner submits that the said weight is inclusive of the packets. In the bail objection, the I/O has stated that the quantity falls in the bracket of intermediate quantity. 5. I have perused the inventory documents before the learned Magistrate. I perused the grounds of arrest, which were provided to the accused persons both in English and Assamese. 6. It is submitted by the prosecution that investigation is in progress and at this stage bail should be refused. The learned counsel submits that the Page No.# 3/3 petitioners have undergone under trial detention of 56 days and the applicable statutory period is 60 days. The seizure witnesses have supported the allegations of seizure of the contraband in the nature of heroin from the possession of the accused petitioners. The investigation is stated to be pending for the FSL report. 7. In the given facts and circumstances, the bail petition stands rejected at this stage. JUDGE Comparing Assistant