Page No.# 1/4 GAHC010048102025 2025:GAU-AS:11107 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/545/2025 RANJOY KANOI AND ANR S/O DINDAYAL KANOI R/O SANTOSH KUNG -15, MADHAPUR, REHABARI,P.S. PALTAN BAZAR, DIST. KAMRUP (M), ASSAM 2: REKHA KANOI W/O RANJAY KANOI R/O SANTOSH KUNG -15 MADHAPUR REHABARI P.S. PALTAN BAZAR DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP BY THE LEARNED SPECIAL PUBLIC PROSECUTOR, EXCISE DEPARTMENT. Advocate for the Petitioner : MR. A SARMA, MR SARFRAZ NAWAZ,MR. LENTSO Advocate for the Respondent : SC, EXCISE DEPTT., PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN Page No.# 2/4 ORDER 20.08.2025 Heard Mr. Sarfaraz Nawaz, learned counsel for the petitioners and Mr. I. Borthakur, learned Standing Counsel for the Excise Department, Assam. 2. By this application under Section 482 of the BNSS, 2023 the petitioners, viz., 1) Sri Ranjay Kanoi and 2) Smti. Rekha Kanoi have prayed for pre-arrest bail in connection with Case No.MRZ/EX-74/2025 registered under Section 53(1)(a) of the Assam Excise (Amendment) Act. 3. The F.I.R. dated 24.02.2025 lodged by the Excise Constable reveals that on receipt of information and acting on the directions of the Inspector of Excise, the Excise personnel proceeded to the concerned area and received confidential information about the illicit activities going on in a rice mill. Further, while forwarding the seizure list, the Inspector of Excise intimated the learned Chief Judicial Magistrate that on conducting a raid in the premises of Mukuta Rice Mill they recovered and seized 15925 suspected rectified spirit. It was also stated that the accused person viz., Dindayal Kanoi is said to have violated the Excise law and the samples were drawn and sent for FSL examination. 4. Mr. Nawaz, learned counsel appearing for the petitioners submits that the accused person in the instant case is the father of the petitioner No.1, viz., Dindayal Kanoi and that there is no allegation against the petitioners. Further, he submits that the petitioners were granted interim Page No.# 3/4 bail on 07.03.2025 and in compliance of the interim order the petitioners have gone and appeared before the I.O., who had recorded the statements and the same is reflected in the acknowledgement dated 12.03.2025 which is counter-signed by the Inspector of Excise, Mirza Circle. As such, the learned counsel prays that bail may be granted to the petitioners. 5. Mr. I. Borthakur, learned Standing Counsel for the Excise Department submits that in view of the order dated 30.07.2025 by which he was asked to find out as to whether the petitioners had appeared before the I.O. and their statements were recorded, he received the instructions to the effect that the petitioners had gone and their statements were in fact recorded by the I.O. and that there is enough compliance of the conditions of the interim order passed by this Court. 6. Heard the learned counsel for the parties and perused the records. 7. In view of the fact that prima-facie no material is against the present petitioners and also in view of the fact that the petitioners have cooperated with the investigation and have complied with the conditions given in the interim order, this Court finds it fit that the interim pre-arrest bail granted by this Court vide order dated 07.03.2025 may be made absolute. The petitioners are directed to follow the conditions set forth therein with the further condition that they shall cooperate with the Page No.# 4/4 investigation and shall appear before the I.O. as and when called for. 8. The Bail Application stands disposed of. JUDGE Comparing Assistant