Page No.# 1/3 GAHC010213242025 2025:GAU-AS:15610 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2316/2025 JAHIRUL ISLAM BARBHUYAN S/O SAMSUL HOQUE R/O VILL- CHANGMAJI PATHAR P.O. MODERTOLI, P.S. DOBOKA DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A ALI, MS K TAYE,MS. M KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18-11-2025 Heard Mr. A. Ali, learned counsel for the accused applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3 2. This is an application filed under Section 482 of BNSS, 2023 for granting pre-arrest bail to the accused applicant in connection with Dillai P.S. Case No.47/2025, registered under Section 21(c)/25/29 of NDPS Act, read with Section 61(2)/123 BNS. 3. Gist of the allegation in the FIR dated 26.08.2025 is that when 16(sixteen) wheeler truck coming from Dimapur towards Dabaka was intercepted during the Naka checking, the police recovered suspected narcotic drugs/psychotropic substances from the vehicle. 4. The coordinate Bench of this Court vide order dated 22.09.2025 had granted interim bail to the accused applicant in connection with the aforesaid case. 5. The learned counsel for the accused applicant submits that in terms of the aforesaid interim order, the accused applicant has already appeared before the Investigating Authority and got his statement recorded. He further submits that, in fact, the vehicle from where the suspected narcotic substance were recovered, does not belong to the accused applicant and that the concerned vehicle has already been sold to one Swerif Uddin vide a deed of agreement dated 17.04.2025. Therefore, involvement of the accused applicant in the matter is undoubtedly not there and therefore, submits that the interim bail order so passed on 22.09.2025 should be made absolute. 6. The learned Additional Public Prosecutor, on the other hand, submits that the quantity which has been recovered from the vehicle is of Page No.# 3/3 commercial quantity. And as per the instruction, charge sheet in the instant matter has already been filed. In respect of his submission, the learned Additional Public Prosecutor has produced a communication vide WT message dated 07.11.2025, received from the Officer-in-Charge Dillai, before this Court, which is kept on record and marked as ‘X’. 7. This Court has gone through the materials brought before this Court as well as the submissions made by the learned counsel for the respective parties. Taking into account that the accused applicant has already appeared before the Investigating Officer and had his statement recorded as well as since the charge sheet has already been filed in the instant case, this Court is of the opinion that the accused applicant should be given protection for his appearance before the learned trial court. 8. Accordingly, the interim order so passed on 22.09.2025, is hereby made absolute and the accused applicant is directed to appear before the learned trial court within a period of 10(ten) days, without fail. 9. In view of the aforesaid, the instant anticipatory bail application is disposed of. JUDGE Comparing Assistant