Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./152/2025 WAHEB ALI S/O LATE FAZAR ALI VILL- BARTARI P.S.KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25.02.2025
1. Heard Mr. S. K. Chhetry, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha
Page No.# 2/3 Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Waheb Ali who has been detailed behind the bars since 27.12.2024 (for last 61 days) in connection with Kalgachia P. S. Case No. 164/2024 under Section 21(b) (ii)B/29 of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 06.12.2024 one Sri Biplob Chetia, SI of Police had lodged an FIR before the Officer-In-Charge of Kalgachia Police Station, inter-alia, alleging that on receipt of an information through the secret sources, a search operation was conducted in the house of the petitioner, Waheb Ali and total 1177 gram of suspected Ganja was seized from there. 4. The learned counsel for the petitioner has submitted that as the seized Ganja is of intermittent quantity, the petitioner may be in allowed to go on bail, considering the period of detention of 61 days. 5. The learned Additional Public Prosecutor has submitted that the charge-sheet is not yet filed. 6. Considering the fact that the quantity of Ganja seized of intermittent quantity and the petitioner has already detained behind the bars for the last 61 days, the petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Special Judge, Barpeta with the following conditions: i. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. ii. That the petitioner shall co-operate in the investigation. Page No.# 3/3
7.
With the above observation, this bail application is accordingly disposed of. JUDGE Comparing Assistant