Page No.# 1/5 GAHC010026762025 2025:GAU-AS:4332 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/331/2025 KAJAL UDDIN @ KHAJALUDDIN AND ANR S/O LT.SULTAN UDDIN R/O VILL- TELIACHAPARI, P.S.RUPAHIHAT, DIST.NAGAON, ASSAM 2: SHORUFA BEGUM W/O KAJAL UDDIN @ KHAJALUDDIN R/O VILL- TELIACHAPARI P.S.RUPAHIHAT DIST.NAGAON ASSA VERSUS THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, SAMIM RAHMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 08.04.2025 1. Heard Mr. S. Nawaz, the learned counsel appearing for the petitioners. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, (1) Kajal Uddin @ Khajaluddin and (2) Shorufa Begum, who are apprehending their arrest in connection with Rupahihat P.S. Case No. 447/2024, under Section 61(2) (a)/111(1)/123, the Bharatiya Nyaya Sanhita, 2023 read with Section 21(a)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The gist of accusation in this case is that on 25.12.2024, one Indira Brahma, S.I. had lodged an FIR before the Officer-In-Charge of Rupahihat Police Station, inter-alia, alleging that a reliable information was received by the Officer-In-Charge of Rupahihat Police Station regarding selling and dealing of huge quantity of narcotic substance by the petitioner No.1, namely, Kajal Uddin @ Khajaluddin at his residence. 4. Accordingly, on the same day, a search team was constituted and the residence of petitioner was searched. During search, certain articles were seized from his house, including a vehicle bearing Registration No. AS01BB5076. 5. It is stated in the FIR that when the vehicle was brought to Rupahihat Police Station and thereafter, searched again, thirty plastic wires were found therefrom, wherein, 03.75 grams of heroin was found. 6. Mr. S. Nawaz, the learned counsel appearing for the petitioners has Page No.# 3/5 submitted that the petitioners are innocent and not involved in the offence alleged in the FIR. He submits that the quantity of contraband alleged to have been recovered in this case, is small quantity and therefore, as regards the offence under Section 21A of the NDPS Act, 1985 is concerned, same is bailable. He also submits that there are no ingredients of offence under Section 111 as well as Section 123 of the BNS in this case. 7. The learned counsel for the petitioners submits that for constituting an offence of “organized crime” under Section 111 of the BNS, an essential ingredient is the involvement of an “continuing unlawful activity.” He further submits that the meaning of “continuing unlawful activity,” as per explanation (ii) to Section 111, is an activity which is prohibited by law and in respect of which more than one charge sheet have been filed before the competent Court within the preceding period of 10(ten) years and that the Court has taken cognizance of such offence. 8. However, he submits that in the instant case, no charge sheet has been laid against the petitioners and they have no criminal antecedents. Therefore, he submits that no ingredient of Section 111 of the BNS, is there in this case. 9. The learned counsel appearing for the petitioners also submits that for constituting an offence under Section 123 of the BNS, the essential ingredient is that one has to administer or to cause to be taken any stupefying, intoxicating, or unwholesome substances to another. However, in the instant case, no such allegations as regards administering or causing to be taken such drug is there. The only allegation in this case is regarding recovery of 03.75 grams of heroin. 10. The learned counsel appearing for the petitioners submits that the petitioners are ready to co-operate in the trial and therefore, prays for allowing them to go on bail. Page No.# 4/5 11. On the other hand, the learned Additional Public Prosecutor, Mr. K. Baishya has produced the Case Diary of Rupahihat P.S. Case No. 447/2024 and has opposed the grant of bail to the present petitioners. 12. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record, including the the Case Diary of Rupahihat P.S. Case No. 447/2024. 13. As regards offence offence under Section 21A of the BNS is concerned, this Court has held in the case of “Bilal Hussain Vs. The State of Assam” in (A.B. No. 3029/2024) that the said offence is bailable. 14. As regards offence under Section 111 of the BNS is concerned, on perusal of the Case Diary, it appears that there is no indication about pendency of any charge sheet against the present petitioners in respect of any activity prohibited by law, so as to fulfil the requirement of presence of “continuing unlawful activities” in this case. Hence, from the materials in the Case Diary, no offence under Section 111 of the BNS is made out in this case. Further, as regards offence under Section 123 of the BNS is concerned, the accusation against the present petitioners is only to the extent that 03.75 grams of suspected heroin was recovered from their possession. There is no accusation that they tried to administer or cause it to be taken by someone else. Hence, the essential ingredient required for constituting an offence under Section 123 is also absent in this case. 15. In view of the above, this Court is inclined to grant the relief prayed for by the present petitioners. Both the above-named petitioners are hereby directed to appear before the Investigating Officer of Rupahihat P.S. Case No. 447/2024 within 7(seven) days from the date of this order and shall co-operate in the investigation. If they do so within the stipulated period of time, in their Page No.# 5/5 event of their arrest, in connection with Rupahihat P.S. Case No. 447/2024, both the above named-petitioners shall be allowed to go on interim bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that:- i. the petitioners shall cooperate in the investigation. ii. the petitioners shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer. 16. With the above observations, this bail application is hereby disposed of. 17. Return the case diary. JUDGE Comparing Assistant