MD AFJARUL HUSSAIN @ ABJARUL v. THE STATE OF ASSAM
AB/2417/2025 · 2025-11-17
Anjan Moni Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25895 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25895 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010221722025
2025:GAU-AS:15611
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2417/2025 MD AFJARUL HUSSAIN @ ABJARUL S/O- ABDUL RAHIM VILL- BORBORI, PS LAHARIGHAT, DIST.- MORIGAON ASSAM 782127 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : S K PODDAR, MR. C SHARMA,MS. N PODDAR,R MANDAL Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 18-11-2025 Heard Mr. S. K. Poddar, learned counsel for the accused applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
2. This is an application filed under Section 482 of BNSS, 2023 praying
Page No.# 2/3 for pre-arrest bail to the accused applicant in connection with Laharighat P.S. Case No.171/2025, registered under Section 21(b)/29 of NDPS Act.
3. The allegation in the FIR is about recovery of the intermediate quantity i.e. 93 grams of suspected heroin from the house premises of the accused applicant living with his wife, though, the accused applicant was not present during the time of seizer of the aforesaid quantity of heroin.
4. Vide an order dated 13.10.2025, the coordinate Bench of this Court had already granted interim bail to the accused applicant, and it is submitted by the learned counsel for the accused applicant that he has already appeared before the Investigating Officer and got his statement recorded. In view of the aforesaid, the learned counsel for the accused applicant submits that the interim bail so passed earlier should be made absolute.
5. The learned Additional Public Prosecutor submits that charge sheet in the instant case has already been filed vide charge sheet No. 171/2025, dated 29.09.2025. In this context, the learned Additional Public Prosecutor has submitted a communication by the Officer-in-Charge, Laharighat Police Station vide WT message dated 07.11.2025, before this Court, intimating that the charge sheet has been filed in the instant case, a copy of which is kept on record and marked as ‘X’.
6. In view of the aforesaid fact that the charge sheet has already been filed and the accused applicant is cooperating with the investigation by appearing before the Investigating Officer, this Court is of the view that
Page No.# 3/3 the interim bail so passed earlier on 13.10.2025 be made absolute with a direction to the accused applicant to appear before the concerned court i.e. the learned Special Judge (NDPS), Morigaon within a period of 10(ten) days, without fail.
7. In view of the aforesaid, the instant anticipatory bail application is
disposed of.
JUDGE Comparing Assistant