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2025 DAILYLAW 25652 (GAU)

SAMIR UDDIN KHAN ALIAS TARA KHAN v. THE STATE OF ASSAM

Bail Appln./3128/2025 · 2025-11-13

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010209452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3128/2025 SAMIR UDDIN KHAN ALIAS TARA KHAN S/O LT. SIRAJ UDDIN KHAN R/O WARD NO. 10, BIDYAPARA P.S. AND DIST. DHUBRI. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A T SARKAR, S. HUSSAIN,S R DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 14.11.2025 Heard Mr. A. T. Sarkar, learned counsel for the accused/applicant. Also heard Mr. B. Sharma, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 for grant Page No.# 2/3 of regular bail to the accused/applicant, viz., Samir Uddin Khan @ Tara Khan in connection with Dhubri P.S. Case No.300/2025 corresponding to G.R. Case No.998/2025 registered under Section 22(c) of the NDPS Act. The allegation in the F.I.R. against the accused/applicant is that the following contravened materials (1) Total 232 nos. of Pyeevon Spas Plus capsules, Batch No.PYECLO55, MFG.04/2025, Exp. 03/2026, Total weight with strip : 102 gm. (2) Total 252 nos. of Pyeevon Spas Plus capsules, Batch No.PYECLO27, MFG.02/2025, EXP. 01/2027. Total weight with strip : 209 gm. were recovered from the possession of the accused/applicant on 01.07.2025. Accordingly, the aforesaid case was filed against the accused/ applicant. The learned counsel appearing for the accused/applicant submits that during the time of arrest the mandates of Section 47 as well as Section 48 of the BNSS, 2023 were not complied with and therefore, as per the settled law there is violation of mandates provided under the BNSS as well as the judicial pronouncements of the Supreme Court and on that ground alone the accused/ applicant should be granted bail. Mr. B. Sharma, learned Addl. P.P. for the State submits that there was no violation of the mandates of Sections 47 and 48 of the BNSS and therefore, the accused/applicant should not be granted bail in this case. This Court has gone through the materials including the scanned copy of the TCR brought before it. Having found that there was Page No.# 3/3 substantial compliance of Sections 47 and 48 of the BNSS, this Court finds no merit in the instant bail application and therefore, the prayer for bail at this stage is rejected. Bail Application stands disposed of. JUDGE Comparing Assistant