Page No.# 1/3 GAHC010045732025 2025:GAU-AS:2713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./646/2025 SALIM AHMED S/O- MD. ABDUL MANIK, R/O- JURIPAR PATH, PANJABARI ROAD, PS DISPUR, DIST- KAMRUP (M), ASSAM, PERMANENT ADDRESS VILL- MASLI, SRIBHUMI, PS BADARPUR, DIST- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, MR DJ DAS,MR. J N SUWAI,S YESMIN,MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 13.03.2025 1. Heard Mr. K. Thakur, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 by the Page No.# 2/3 petitioner, namely, Salim Ahmed, who has been detained behind the bars since 15.02.2025, (for the last 25 days) in connection with Basistha P.S. Case No. 103/2025 under Section 21(b) of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 14.02.2025, one Biplab Roy, had lodged an FIR before the Officer-In-Charge of Basistha Police Station, inter-alia, alleging that an information was received regarding transaction of huge quantity of narcotics drugs in Balughat area, under Basistha Police Station. Accordingly, a team of police personnel’s were constituted and it went to the Balughat area. On arrival at that place, the police noticed one person, carrying a brown leather arm colour, who was moving in a suspicious manner. 4. On interrogation, he was found to be the present petitioner. When his leather arm bag was searched 123.46 grams of suspected heroin was recovered from his possession. 5. The learned counsel for the petitioner has submitted that the petitioner is innocent and nothing was recovered from his possession. He has been falsely implicated in this case. He further submits that considering the period of detention, the petitioner may be allowed to go on bail. 6. On the other hand, Mr. K.K. Das, the learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present petitioner at this stage. He has produced the Case Diary of Basistha P.S. Case No. 103/2025 and has submitted that there are sufficient incriminating materials against the petitioner in the Case Diary and investigation is still progressing to find out the source from where the Page No.# 3/3 contraband was procured. 7. I have considered the submissions made by learned counsel for both the sides and have gone through the Case Diary of Basistha P.S. Case No. 103/2025. 8. There are sufficient incriminating materials against the petitioner. As the witnesses examined by the Investigating Officer, till date implicate the petitioner and there are material to show that the seized contraband was recovered from the possession of the present petitioner. Since the investigation regarding source of the said contraband is still going on and the petitioner has been detained behind the bars since 15.02.2025, this Court is of the considered opinion that at this stage, it is not a fit case to give the benefit of bail to the petitioner. Hence, the prayer for bail is rejected. 9. Send back the Case Diary. JUDGE Comparing Assistant