Page No.# 1/3 GAHC010251282025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2716/2025 MAJMUL HASSAN SON OF NURUJ ALI,R/O-VILL. FARIDKUNA,P.O. KANAIBAZAR, P.S. PATHARKANDI,DIST. SRIBHUMI, ASSAM-788724 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M J QUADIR, MR. A K HANNAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.11.2025 Heard Mr. M.J. Quadir, learned counsel for the accused/ applicant. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused/applicant in connection with Special (NDPS) Case No. 123/2024, registered under Sections 22(c)/25/29 of the NDPS Page No.# 2/3 Act, arising out of Patharkandi P.S. Case No. 365 of 2024 under the aforesaid sections, presently pending before the Court of the learned Additional Sessions Judge, Sribhumi. 3. The allegation as reflected in the FIR dated 28.11.2024 is that the police found three persons, including the accused/applicant, at a place called Chengjur. When the police attempted to apprehend them on suspicion of carrying narcotic substances, the accused/applicant allegedly fled from the spot. It is further alleged that a huge commercial quantity of contraband narcotic drugs, namely YABA tablets, was recovered from the possession of the other two persons, who are stated to be associates of the accused/applicant. 4. In view of the aforesaid allegations made in the FIR, the police registered Patharkandi P.S. Case No. 123/2024 under Sections 22(c)/25/29 of the NDPS Act against the accused/applicant and others. Subsequently, a charge-sheet was filed in the matter vide Charge-sheet No. 72/2025 dated 26.05.2025, wherein the accused/applicant has been shown as an absconder. 5. The learned counsel for the accused/applicant submits that since the accused/applicant has not been arrested by the police till date, and as the charge-sheet has already been filed, he should be allowed to appear before the Trial Court and that interim protection may be granted by this Court. 6. Mr. P. Barthakur, learned APP for the State, on the other hand, submits that a huge quantity of contraband narcotics was recovered from the possession of the accused persons, including the accused/applicant, and since the accused/applicant has been declared an absconder, this Court should not grant any interim protection to him in the present case. 7. This Court has perused the materials placed on record and heard the Page No.# 3/3 submissions advanced by the learned counsel appearing for the respective parties. Considering the fact that the accused/applicant was not arrested by the police until the filing of the charge-sheet, and now that the charge-sheet has already been submitted, the accused/applicant is entitled to interim protection to appear before the Trial Court. 8. Accordingly, it is directed that in the event of the arrest of the accused/applicant, he shall be released on pre-arrest bail on furnishing a bail bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sribhumi, subject to the following conditions: (i) The accused/applicant shall cooperate with the investigation and shall appear before the learned Additional Sessions Judge, Sribhumi, within 10 (ten) days from the date of this order. (ii) The accused/applicant shall fully cooperate with the trial and shall appear before the Court as and when required. (iii) The accused/applicant shall not try to tamper or hamper with the investigation of the instant case. 9. In view of the aforesaid directions, the instant AB application is disposed of. JUDGE Comparing Assistant