Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 25873 (GAU)

TAJ UDDIN v. THE STATE OF ASSAM

Bail Appln./3883/2025 · 2025-12-17

Anjan Moni Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010265812025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3883/2025 TAJ UDDIN S/O LATE ABDUR RAKIB, R/O- VILL. ARJUNPUR, P.S - PATHARKANDI DIST. - SRIBHUMI, ASSAM, PIN 788724 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P ASSAM Advocate for the Petitioner : A RAHMAN, MR. J RAHMAN,MR. S. SUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.12.2025 1. Heard Mr. A. Rahman, learned counsel for the accused/ applicant. Also heard Mr. P. Borthakur, learned APP for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, seeking grant of bail to the accused/applicant, namely Taj Uddin, in connection with Ratabari Page No.# 2/3 Police Station Case No. 194/2025, corresponding to G.R. Case No. 1539/2025, registered under Sections 20(b)(ii)(B) and 25 of the NDPS Act, 1985. 3. The gist of the case as narrated in the FIR dated 13.11.2025 is that during Naka checking at Ratabari-Anipur PWD Road, 4 packets of suspected ganja were found in the Maruti S-Presso car driven by one Helal Uddin. On weighing the aforesaid contraband material, the weight was found to be 15.21 kg of suspected ganja. On interrogation of the aforesaid accused Helal Uddin, he admitted that he was transporting the contraband to deliver in Mizoram for financial gain. 4. On receipt of the FIR Ratabari P.S. Case No.194/2025 under the aforementioned sections was registered against the accused person namely Helal Uddin. Police started investigation and during investigation the accused person Helal Uddin admitted that the present accused/applicant Taj Uddin delivered the aforesaid contraband to him. In view of the aforesaid statement police arrested the accused/applicant on 16.11.2025 and since then he is behind the bar. 5. The learned counsel appearing for the accused/applicant submits that the accused/applicant was arrested by the police solely on the basis of the alleged implication by the co-accused, namely Helal Uddin. It is further submitted that the accused/applicant has not been involved in the cultivation, transportation, or sale of any narcotic contraband materials. Considering that the accused/applicant has already spent 32 days in judicial custody and was arrested solely on the basis of the statement of the co-accused, he may be granted bail at this stage. Page No.# 3/3 6. The learned APP, on the other hand, submits that, based on the materials available in the case diary, the accused/applicant is in fact involved in the offence alleged in the FIR. It is submitted that there are sufficient materials to implicate the accused/applicant in the instant case, including evidence derived from telephonic conversations recorded and available in the case diary. 7. The Court has considered all aspects of the matter and heard the learned counsel for the parties. The Court has also perused the case diary produced before it and, having found prima facie materials implicating the accused/applicant in the offence alleged in the FIR, is of the considered opinion that the accused/applicant should not be granted bail at this stage, as the investigation is yet to be completed. 8. In view of the above, the bail application is disposed of as rejected. JUDGE Comparing Assistant