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2025 DAILYLAW 25084 (GAU)

SAMIDUL ISLAM AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./3922/2025 · 2025-12-17

Anjan Moni Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010267772025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3922/2025 SAMIDUL ISLAM AND 2 ORS. S/O SOLEMAN ALI ALIAS SULEMAN ALI, R/O GODAMGHAT, PS CHARIDUWAR, DIST SONITPUR, ASSAM 2: SADIQUL ISLAM ALIAS SADIKUL ISLAM S/O LT MAINUL HOQUE ALIAS LT MAINUL HAQUE R/O GODAMGHATMIRI PS CHARIDUAR DIST SONITPUR ASSAM 3: AMINUL HOQUE BARBHUYAN ALIAS AMIRUL HOQUE BARBHUIYA S/O NASIR UDDIN BORBHUYAN ALIAS NASIR UDDIN BARBHUIYA R/O LOKNATHPUR PS DHOLAI DIST CACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL,MS. K MALAKAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.12.2025 1. Heard Mr. A. Bhattacharya, learned counsel for the accused/applicants. Also heard Mr. P. Borthakur, learned APP for the State of Assam. 2. This is an application under Section 483 of BNSS, 2023 praying for regular bail of the accused/applicants in connection with Lanka P.S. Case No.247/2025 registered under Section 21(b)/29/27(A) of the NDPS act. 3. The allegation as narrated in the FIR dated 14.11.2025 is that on receipt of some specific information, the Police during the Naka checking apprehended one four wheeler bearing registration No. AS-07Q-9101 coming from Lumding towards Doboka and on search, the Police recovered 5 numbers of plastic soap container containing a total 194.29 gm of suspected heroin. 4. On receipt of the FIR, the Police registered the Lanka P.S. Case No.247/2025 under the aforementioned sections. 5. The case diary in the instant case has been produced before this Court, and upon perusal, it reveals prima facie incriminating materials against the accused/applicants. Further, the case diary indicates that the accused/applicants are habitual offenders, with other cases pending against them under the NDPS Act. In view of the above, this Court is of the considered opinion that the accused/applicants should not be released on bail at this stage. 6. Accordingly, the instant bail application is disposed of as rejected. JUDGE Comparing Assistant