Page No.# 1/4 GAHC010001512025 2025:GAU-AS:1527 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./85/2025 ALTAB HUSSAIN AND 2 ORS. S/O KHALILUR RAHMAN R/O SARKE BASTI, P.O. AND P.S. LUMDING, IN THE DISTRICT OF HOJAI, ASSAM 2: HALIMUDDIN BORBHUIYAN S/O LATE AMINUDDIN BORBHUIYAN R/O VILL- NOTN RAMNAGAR PART-IV P.O.AND P.S. SONAI IN THE DISTRICT OF CACHAR ASSAM 3: DILOWAR HUSSAIN S/O AKIT ULLAH R/O COLONY JALAH P.O. AND P.S. JURIA IN THE DISTRICT OF NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S S S RAHMAN, MS S Z HAYAT,MS B H SHIRIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14.02.2025 Heard Mr. S. S. S. Rahman, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2) The petitioners, namely, (i) Altab Hussain, son of Khalilur Rahman, resident of Sarke Basti, Police Station-Lumding, District-Hojai, (ii) Halimuddin Borbhuiyan, son of Late Aminuddin Borbhuiyan, resident of village Notn Ramnagar Part-IV, Police Station-Sonai, District-Cachar and (iii) Dilowar Hussain, son of Akit Ullah, resident of Colony Jalah, Police Station-Juria, District-Nagaon have filed this application under Section 483 BNSS, 2023 seeking their bail in Special (NDPS) Case No. 48/2024, arising out of Numaligarh Rural Police Station Case No. 30/2024, registered under Sections 21(C)/29 of the NDPS Act, 1985, in which, they were arrested on 01.06.2024 and are in custody since then. 3) It is submitted by Mr. S. S. S. Rahman, learned counsel appearing for the petitioners that on 09.12.2024, the learned Special Judge (NDPS), Golaghat rejected their bail in said Special (NDPS) Case No. 48/2024. 4) The Court, by an order dated 20.01.2025 called for the records of said Special (NDPS) Case No. 48/2024 from the Court of the learned Special Judge (NDPS), Golaghat. 5) On perusal of the records, it is seen that after filing of the charge-sheet in the case on 31.10.2024, the learned Special Judge (NDPS), Golaghat on 16.12.2024 framed charge against the petitioners under Sections 21(C)/ 29 of the NDPS Act, 1985. 6) On perusal of the records, it is also seen that as on 17.01.2025, out of 16 (sixteen) named prosecution witnesses, the Court of learned Special Judge (NDPS), Page No.# 3/4 Golaghat recorded the evidence of 3 (three) prosecution witnesses. 7) As per the charge-sheet of the case, the prosecution’s case is that on receipt of specific information that one white coloured Hyundai Creta vehicle bearing registration No. AS-01-BZ-0675 was on its way carrying huge quantity of narcotic items from Manipur to Nagaon via Numaligarh Police Station, after making General Diary Entry vide G.D.E. No. 04 Dated 01.06.2024, police personnel from Numaligarh Police Station deployed a special Naka checking duty at Doigrung Ponkial Gaon under Numaligarh Police Station. During such Naka checking, at around 10:40 AM, said Hyundai Creta vehicle that was coming towards Doigrung from Rangajan side was apprehended with three persons in it. While the said vehicle was being searched along with the driver and the two passengers in it, in presence of independent local witnesses, 850.39 grams of Heroin was recovered from the said vehicle that was accordingly seized in presence of the independent local witnesses. During the course of investigation, another co-accused, namely, Sri Sukhdev Kutum was also arrested in the case and the charge-sheet has been filed against all those accused persons, including the present petitioners who were in the concerned Creta vehicle, from which said 850.39 grams of Herion was recovered. 8) FSL report dated 18.08.2024 pertaining to the seized NDPS item from the said vehicle affirmed the same to be Heroin, a scheduled NDPS drug. 9) Considering the recovery of 850.39 grams of Heroin, a scheduled NDPS item, from the possession of the petitioners and also considering the fact that the trial of the case is presently going on, the Court is of the view that the detention of the petitioners since 01.06.2024 cannot be considered for their bail in said Special (NDPS) Case No. 48/2024, arising out of Numaligarh Rural Police Station Case No. 30/2024. 10) Accordingly, this bail application of the petitioners, namely, (i) Altab Hussain, son of Khalilur Rahman (ii) Halimuddin Borbhuiyan, son of Late Aminuddin Borbhuiyan and (iii) Dilowar Hussain, son of Akit Ullah in said Special (NDPS) Case No. 48/2024, arising out of Numaligarh Rural Police Station Case No. 30/2024 presently pending before the Court of the learned Special Judge (NDPS), Golaghat Page No.# 4/4 stands rejected JUDGE Comparing Assistant