Page No.# 1/4 GAHC010012052025 2025:GAU-AS:1483 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/145/2025 NAYAN JYOTI KALITA S/O TARUN KALITA R/O JORABAT, 13TH MILE, GUWAHATI,P.S.BELTOLA DIST.KAMRUP(MERO),ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS L MISHRA,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.02.2025 1. Heard Mr. S. Rahman, the learned counsel for the petitioner. Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Sri Nayan Jyoti Kalita, who is apprehending his arrest in connection Badarpur P.S. Case No. 291/2024, corresponding to G.R. Case No. 2131/2024 under Section 61/318(3)/318(4)/303(2)/317(2)/111 of the BNS, 2023 read with Section 53(1)(A)/54 of Assam Excise Act, 2018. 3. The gist of accusation in this case is that on 03.12.2024, an FIR was lodged before the Officer-In-Charge of Badarpur Police Station, inter alia, alleging that on receipt of an information regarding illegal transportation of IMFL through Assam towards Mizoram, a search team was formed and a Naka Checking was arranged near Central Public School at National Highway No. 37. During Naka Checking, one vehicle bearing Registration No. AS 26AC 0228 was intercepted and the driver of the said vehicle, namely, Jahirul Islam was apprehended. During search operation 105 Nos. of cartons of royal stag IMFL was recovered therefrom. 4. The learned counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged in the FIR. He submits that the petitioner is the Manager of Wine Shop situated at Meghalaya. 5. The learned counsel for the petitioner has submitted that the petitioner had received a notice under Section 35 (3) of BNSS for appearing before the Investigating Officer of the case on 15.12.2024. However, he defaulted in appearing before the Investigating Officer. Hence, he is now apprehending that if he appears now, he may be arrested. Page No.# 3/4 6. The learned counsel for the petitioner has submitted that the petitioner is ready to cooperate with the Investigating Officer. 7. On the other hand, the learned Additional Public Prosecutor has vehemently opposed the grant of anticipatory bail to the present petitioner, as she submits that there are implicating materials against the present petitioner, as the arrested co-accused persons have implicated his name, as the seizure was made near when the seized IMFL were being transported on the way to be transported to the State of Mizoram. 8. She submits that the petitioner has wilfully defaulted to appear before the Investigating Officer, in spite of receiving notice under Section 35 of the BNSS, 2023. Therefore, the benefit of Section 482 of BNSS, 2023 may not be granted to the petitioner. 9. I have considered the submission made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and has gone through the Case Diary produced by the learned Additional Public Prosecutor. 10. On perusal of the Case Diary, the investigation has fairly progressed and the petitioner was issued notice under Section 35(3) of BNSS on two occasions and he has not been named in the FIR, though some of the co-accused persons have named it. 11. Considering the nature of the offence involved and considering the materials available in the Case Diary, this Court is of the considered opinion that though there are some incriminating materials against the present petitioner in the Case Diary, however, if he cooperates in the Page No.# 4/4 investigation, his custodial detention may not be necessary for fair completion of the investigation. Hence, the petitioner is directed to appear before the Investigating Officer of Badarpur P.S. Case No. 291/2024, within a period of 7(seven) days from the date of this order and co- operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in the aforesaid case, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer within 7(seven) days from the date of this order and shall co- operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 12. This anticipatory bail application is accordingly disposed of. 13. Send back the Case Diary. JUDGE Comparing Assistant