Page No.# 1/3 GAHC010271462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3987/2025 SMTI MOON BEGUM WIFE OF JAIBUL AHMED DIPU ALIRESIDENT OF RAJABARI, TARUN NAGAR UNDER JORHAT POLICE STATION IN THE DISTRICT OF JORHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, U SARMA,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 16-12-2025 Heard Mr. B.M Choudhury, learned counsel appearing for the accused/applicant. Also heard Mr. K. K. Parasar, learned Addl. P.P, Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying for bail to Page No.# 2/3 the accused/applicant, viz., Smti. Moon Begum in connection with Jorhat P.S. Case No.575/2025 registered under Section 21 (b)/25/29 of the NDPS Act, 1985. The gist of the allegation as alleged in the F.I.R. dated 01.11.2025 is that on receipt of certain information of drug peddling, the Police team intercepted the two wheelers being driven by the accused/applicant with another pillion rider and recovered suspected heroin weighing 14.83 gms of heroin from the scooty. On receipt of the F.I.R., Jorhat P.S. Case No.575/2025 under the aforementioned sections was registered against the accused/applicant. The accused/applicant was arrested on 01.11.2025 and since then she is behind the bars. Mr. B.M Choudhury, learned counsel for the accused/applicant submits that whatever recovered from possession of the petitioner was not meant for any peddling or smuggling, rather, for her personal use. He further submits that taking into account the fact that she is behind the bars for last 45 days and the quantity so recovered is though intermediate quantity as prescribed in the NDPS Act, is on the lesser side of intermediate quantity and taking into account all those material facts this Court may allow the accused/applicant to go on bail at this stage. The learned Addl. P.P has submitted that the accused/applicant should not be granted bail at this stage without perusal of the Case Diary and therefore, he opposes the prayer for bail. This Court has gone through the materials brought before the Court as well as heard the submissions of the learned counsel for the parties. Taking into account the submission that the quantity so recovered from the two wheelers is on the lesser side of intermediate quantity, this Court is of the view that at this stage, since she has already spent 45 days in custody, she may be allowed to go Page No.# 3/3 on bail. Accordingly, it is directed that that the accused/applicant namely Smti. Moon Begum be released on bail on furnishing a bail bond of Rs.50,000/- with a surety of like nature to the satisfaction of the learned Special Judge (NDPS), Jorhat subject to the following conditions; i) The accused/applicant shall co-operate with the investigation of the case. ii) That the accused/applicant shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; iii) That the accused/applicant shall not leave the leave the jurisdiction of the learned Special Judge (NDPS), Jorhat without prior permission; iv) That the accused/applicant shall not commit any offence while on bail. The bail application stands disposed of. JUDGE Comparing Assistant