Page No.# 1/3 GAHC010015642025 2025:GAU-AS:2091 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/205/2025 JAHANGIR ALOM S/O SHAFIQUE UDDIN, RESIDENT OF KAABARIBOND, PS AND PO PATHARKANDI,DIST SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S DAS, P J DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MALASRI NANDI ORDER 28.02.2025 Heard Mr S Das, learned counsel for the petitioner and Mr K Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the BNSS, 2023, by the petitioner, Jahangir Alom, seeking pre-arrest bail in connection with Special (NDPS) Case No. 52/2024 (Patharkandi PS Case No. 150 of 2024), under Sections 21(C)/25/29 of the NDPS Act, 1985, read with Section 25 (1-B) (a) of the Arms Act, 1959, pending in the Court of Page No.# 2/3 learned Additional Sessions –cum-Special Judge, Karimganj. 3. The matter relates to recovery of commercial quantity of narcotic drugs. 4. It is submitted by the learned counsel for the petitioner that no any contraband has been recovered from the possession of the petitioner. He was not present when the narcotic item was recovered and seized. Charge Sheet has been laid against him, showing him as absconder. The petitioner is no way connected with the alleged offence. As the matter relates to commercial quantity of contraband narcotic drugs, the petitioner is apprehending arrest and praying for releasing him on bail. 5. On the other hand, learned Additional Public Prosecutor has submitted that as per FIR, along with the two arrested accused persons, the petitioner is also involved with the alleged offence, along with another co-accused. 5.1. It is further submitted that during search of the house of the present petitioner, one hand-made pistol and metal punching knuckle was recovered from the residence of the petitioner. So, under this backdrop, petitioner may not be enlarged on bail. 6. I have considered the submissions made by the learned counsel for both the parties and perused the Trial Court Record. 7. It reveals that though the petitioner was not present when the contraband was seized, but he is directly involved in the alleged offence. During search of his house, one hand- made pistol and metal punching knuckle was also recovered, which indicates that the petitioner is also involved with the offence as alleged in the FIR. Page No.# 3/3 8. Accordingly, prayer for bail is rejected. However, the petitioner is directed to surrender before the learned trial Court and in the event of filing any bail application, the learned trial Court will consider the matter in accordance with law. 9. Bail Application stands disposed of. JUDGE Comparing Assistant