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2025 DAILYLAW 26261 (GAU)

NAZMA BEGUM LASKAR v. THE STATE OF ASSAM

Bail Appln./3168/2025 · 2025-10-27

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010217632025 2025:GAU-AS:14393 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3168/2025 NAZMA BEGUM LASKAR W/O LATE ABDULHOQUE LASKAR RESIDENT OF VILL- BAURIKANDI, PT.II, P.S. KACHUDARAM, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MS. K L R YANTHAN,MS. J GHOSH,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.10.2025 Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. Public Prosecutor for the State respondent. Page No.# 2/3 2. By this application, the petitioner has prayed for bail in connection with NDPS P.S. Case No. 73/2025 corresponding to GR Case No. 1085/2025 arising out of Kachudharam PS Case No. 25/25 registered under Section 111(2) (b)/111(3)/111(4)/112(2) of the ND&PS Act, 1985. 3. The FIR dated 15.06.2025 reveals that on an information from a reliable sources that one suspected person, i.e., the petitioner was selling contrabands inside her house, the Police Personnel conducted raid in the said house and found 6 nos. of soap cases containing suspected heroin and also found Indian currency to the tune of Rs. 16,23,000/-. The items were recovered from the house of the petitioner and were seized vide Seizure Memo in the presence of the independent witnesses. The said contrabands were weighed and the total weight was found to be 72.68 grams and subsequently, the petitioner was arrested in connection with the said case. On completion of the investigation, the Police submitted Charge-sheet on 21.07.2025 vide Charge-sheet No. 28/2025. 4. Mr. S.C. Biswas, learned counsel for the petitioner submits that the petitioner had come to the house from where the contrabands were seized as a guest and that the said house was not hers as stated in the said ejahar. He also submits that the petitioner has been inside the jail for 134 days and as such, for long incarceration of the petitioner, the learned counsel has prayed for bail alongwith the merit of the case. 5. Mr. K.K. Das, learned Addl. Public Prosecutor for the State respondent on perusal of the case records submits that the petitioner was in her house when the raid was conducted on the basis of a secret information and contrabands were found in the house of the petitioner and as such, there is no escape from the complicity of the petitioner. He also submits that Rs. 16,23,000/- was Page No.# 3/3 recovered from the house of the petitioner, which was again not accounted for by the petitioner. 6. On consideration of the submissions made at the bar, moreso, on the fact that the petitioner has been inside the jail for 134 days and the Charge-sheet has also been laid in the instant case, this Court finds it fit that the petitioner be released on bail on furnishing bail bond of Rs. 20,000/-, with 1 local surety of the like amount to the satisfaction of the Trial Court under the following conditions:- 1. The petitioner will appear before the Trial Court as and when called for. 2. The petitioner will not leave her place of residence without the permission of the learned Court mentioned above. 3. The petitioner will not influence the witnesses which are connected with the instant case. 7. Bail Application stands disposed of. JUDGE Comparing Assistant