Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010268632025
2025:GAU-AS:17508
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3908/2025 MAZIDA BEGUM W/O LATE SHIRAJUL ISLAM,/3AKR HUSSIINBRRESIDENT OF VILL.- TINSOKIA, P.S.JURIA, DIST.- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R A CHOUDHURY, MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 17.12.2025
Heard Mr. R. A. Choudhury, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. P. S. Lahkar, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant in connection with Special (NDPS) Case No.
Page No.# 2/3 62/2025, registered under Sections 21(b)/25/29 of the NDPS Act, 1985, pending before the learned District & Sessions Judge/Special Judge, Cachar, Silchar. 3. An FIR was lodged on 28.05.2025, before the Officer-In-Charge, Silchar Police Station alleging that on receipt of an information, police team intercepted one while colour E-Rickshaw bearing Registration No. AS-11FC-5519 and, after following the due procedure when the E-Rickshaw was searched, one grey colour school bag inside which one navy blue colour hand bag concealing 14 nos. of soap boxes of different colour weighing total 147 gms. of suspected heroin were recovered. It was found that 3 persons (2 male and 1 female) were travelling in the aforesaid E-Rickshaw when the police seized the aforesaid contraband materials. During investigation, sufficient evidences were found against the arrested accused person including the accused-applicant. It has come to light during investigation that one of the arrested accused person, namely, Abdul Mazid had stated that one unknown person of Auliya Bazar gave him 13 nos. of soap boxes of suspected heroine. 4. Mr. Choudhury, the learned counsel for the accused-applicant submits that the accused-applicant was arrested only on mere suspicion and the aforesaid contraband material that has been seized by the police did not belong to the accused-applicant. He further submits that the nothing was recovered from the body search of the accused- applicant as well. He submits that the accused-applicant was arrested on 29.05.2025 and since then, she is behind the bar.
In view of the aforesaid, the learned counsel for the accused-applicant submits that taking into account her length of detention as well as the fact that nothing has been recovered from her, the accused-applicant should be released on bail. 5. On the other hand, Mr. P. S. Lahkar, learned Addl. P.P., opposes the bail stating that there are sufficient materials, prima facie, showing involvement of the accused-applicant in the offences as alleged in the FIR. 6. This Court has gone through the records of the Special (NDPS) Case No. 62/2025
Page No.# 3/3 as well as heard the submissions made by the learned counsel for the respective parties. 7. From the materials available, it is seen that the accused persons including the present accused-applicant are, prima facie, involved in buying, selling and peddling of narcotic drugs. It is also seen that the accused persons are habitual offenders and having involved in such kind of activities for a long time, which can be seen from the materials available on record. 8. In view of the prima facie finding of this Court of involvement of the accused- applicant in the offences as alleged in the FIR, this Court is of the opinion that at this stage, the accused-applicant cannot be granted bail. 9. Accordingly, the instant bail application is disposed of as rejected. JUDGE Comparing Assistant