Page No.# 1/2 GAHC010208132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2256/2025 TOIBUR RAHMAN S/O HASIM ALI R/O IVLL- DABLONG GAON, P.O. AND P.S. LANKA,DIST. HOJAI, ASSAM, PIN-782446 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : TAWHID LASKAR, ASHRAFUL BORBHUYAN,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 23.10.2025 Heard Mr. T. Laskar, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the state respondent. 2. This application has been filed under Section 482 of the BNSS, 2023 seeking pre-arrest bail by the petitioner, namely, Toibur Rahman apprehending Page No.# 2/2 arrest in connection with Lanka P.S. Case No. 174/2025 registered under Sections 21(b)/27A of the NDPS Act, 1985. 3. The allegation in the FIR dated 17.08.2025 is about search of the house of the petitioner Toibur Rahman and the search revealed that 31.27 grams of suspected heroin along with empty vials, cash and some plastic vials were also recovered. 4. Since one of the penal provisions given is under Section 27A of the NDPS Act, the applicability of the rigors of Section 37 of the Act has to be seen. 5. The case diary has been received. 6. Mr. P. Borthakur, learned Additional P.P. submits that there are implications against the present petitioner about being involved in peddling of narcotic drugs. It may be mentioned herein that the quantity of the suspected contraband concerned falls in the bracket of the intermediate quantity of heroin. Regarding financing of illicit drug trafficking as mentioned under Section 37 of the NDPS Act, the learned Additional P.P. fairly submits that so far, the incriminating materials is by way of source information. 7. Considering the materials revealed and the fact that the investigation is still in progress, it may not be an appropriate case for grant of pre-arrest bail. 8. Under the given circumstances, the bail application is rejected and stands disposed. 9. Return the CD. JUDGE Comparing Assistant