Page No.# 1/3 GAHC010221582025 2025:GAU-AS:15523 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2410/2025 MIRJAN AHMED AND 2 ORS SON OF ABDUL RASHID VTC, PANBARI SATRA PANBARI PO MOIRABARI, PS DHING SUB DISTRICT DHING DISTRICT, NAGAON, ASSAM, PIN 782126 2: ARFAN ALI SON OF ABDUL RASHID VTC PANBARI SATRA PANBARI PO MOIRABARI PS DHING SUB DISTRICT DHING DISTRICT NAGAON ASSAM PIN 782126 3: JOHIRUL ISLAM SON OF ABDUL RASHID VTC PANBARI SATERA PANBARI PO MOIRABARI PS DHING SUB DISTRICT DHING DISTRICT NAGAON ASSAM PIN 78212 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR MINTU SAIKIA, MR J FIRDAUS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 17.11.2025 Page No.# 2/3 1. Heard Mr. M. Sarma, learned counsel for the accused applicants. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the respondent State. 2. This application has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting pre-arrest bail to the accused applicant in connection with Dhing P.S. Case No. 100/2023 under Sections 21(b)/29 of the NDPS Act. 3. The allegation as narrated in the FIR dated 23.06.2023 are that suspected heroin weighing 61.14 gms has been recovered from the possession of the accused applicants as well as another co-accused person. Accordingly, Dhing P.S. Case No. 100/2023 under Sections 21(b)/29 of the NDPS Act was registered against the accused applicant. 4. The learned counsel for the accused applicants has submitted that charge- sheet in the instant case has already been filed vide charge-sheet No. 132/2023 dated 31.08.2023. In view of the filing of the aforesaid charge-sheet, the learned counsel for the accused applicants submits that they should be allowed to appear before the learned Trial Court i.e., Special Judge, (NDPS) Nagaon and till their appearance before the Trial Court, they shall be given some interim protection. 5. The learned Additional Public Prosecutor for the respondent State has submitted that though the Trial Court Records has been received, Case Diary is not received in the instant case and therefore, he is not prepared to submit on the involvement of the accused applicants in the registered case. 6. This Court has gone through the Trial Court Records and has heard the submissions made on behalf of the counsels appearing for the respective Page No.# 3/3 parties. After taking into consideration the materials available on record, the Court is of the opinion that the accused applicants should be allowed to go on interim bail so that they can appear before the Trial Court for regular trial. 7. Accordingly, in the event of arrest of the accused applicants by the Arresting Authority, the accused applicants shall be released on furnishing bail bonds of Rs. 20,000/- each with surety of like nature to the satisfaction of the Special Judge, (NDPS) Nagaon, subject to the conditions that:- (i) The accused applicants shall appear before the Trial Court within a period of 10 (ten) days of passing of this order, (ii) The accused applicants shall co-operate with the trial and appear before the Trial Court as and when required, and (iii) The accused applicants shall not indulge in any such activities in the future. 8. Accordingly, this application is disposed of. JUDGE Comparing Assistant