Page No.# 1/3 GAHC010240422025 2025:GAU-AS:15952 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3557/2025 ANJUMA BEGUM W/O- SIRAJUL ISLAM, R/O- VILL- KAWAIMARI, PS RUPAHIHAT, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S DEWRI, MR H BORAH,MR A DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 24.11.2025 1. Heard Mr. S. Dewri, learned counsel appearing for the accused petitioners as well as Ms. S. H. Bora, learned Additional Public Prosecutor. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the Page No.# 2/3 accused-petitioner, namely, Anjuma Begum praying for grant of bail in connection with NDPS Case No.138/2025 arising out of Rupohihat PS Case No. 57/2025 under Sections 61(2)(a)/123 of BNS read with Section 20(c)/25/29 of NDPS Act, read with Section 4 of Assam Ganja and Bhang Prohibition Act, 1953. 3. The case has been charge-sheeted and is poised for commencement of trial before the court of the learned Additional Sessions Judge No.3, Nagaon. 4. After investigation, the case was charge-sheeted against the present petitioner and her husband under Section 20(c)/25/29 of the NDPS Act. 5. The allegation is about recovery of commercial quantity of suspected ganja from the house premises of the accused petitioner herein and her husband who has been shown as absconder in the charge-sheet. The alleged quantity is 24.810 kgs of ganja. 6. The learned counsel strenuously submitted that she as the wife of the co- accused is not aware of any storage of suspected drugs in her house. It is submitted that the accused is in under trial detention since 15.02.2025 when she was arrested in this case. 7. The scanned record has been received and perused the relevant portion thereof. 8. The learned Additional Public Prosecutor submits that the co-accused, who is the husband of the petitioner, is still at large and there are sufficient material against the present petitioner also. 9. I have perused the narration in the charge-sheet. The seizure witnesses also supported the seizure of contraband from the premises of the accused petitioner and her husband. Page No.# 3/3 10. On the basis of the available materials at this stage, it is not possible to hold that there are no reasonable grounds to opine that the petitioner is not guilty of the alleged offence. Thus, the test of Section 37 of NDPS Act is not passed in favour of the accused and consequently, the statutory bar envisaged by the said provision in granting bail prevails. 11. Accordingly, the instant bail petition stands rejected at this stage. 12. However, the learned trial court is requested to endeavour to expedite and complete the remaining trial, considering the under trial detention of the accused. 13. Further, nothing stated in this bail order should be taken as expressing any opinion on the merits of the case to the prejudice of either the defence or the prosecution. 14. Therefore, the bail petition is hereby stands rejected and disposed of. JUDGE Comparing Assistant