Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./730/2025 MAMONI KHATUN D/O JAYNAL ABEDIN, RESIDENT OF TULAGOLI,NEAR 2 NO. RAILWAY GATE, LAKHTOKIA, PS PANBAZAR, DIST KAMRUP M ASSAM PERMANENT ADDRESS VILLAGE NOLDOBA, NEAR NEPALI KHUTI, PS MORNOI, DIST GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. N.A. BEGUM, MR A RAHMAN,MR. S MUNIR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 21.04.2025
Heard Mr. S. Munir, learned counsel for the petitioner and Mr. D. P. Goswami, learned Additional Public Prosecutor. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Mamoni Khatun, has prayed for grant of bail in connection with Panbazar P.S. Case No.79/2025 under Sections 21(b) of NDPS Act. Page No.# 2/3 It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 53 days since her arrest on 28.02.2025. It is further submitted that as per seizure list 86.96 grams of suspected heroin was recovered from one black colour plastic polythene containing 65 numbers of plastic vials which reveals less quantity of contraband. Under such backdrop, prayer for bail may be considered. On the other hand, Mr. Goswami, learned Additional Public Prosecutor has submitted that case diary has been received without the FSL report. He further submitted that though the heroin was recovered from the possession of the petitioner, however, length of detention may be considered. In view of the submission of learned counsel for both the parties and as it appears that case is pending for collection of FSL report, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail on furnishing bond of Rs.1,00,000/- (Rupees One lakh) with two suitable sureties of like amount to the satisfaction of learned Special Judge, Kamrup (M), Guwahati. The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup (M), Guwahati without prior written permission from him/her.
(b) shall not hamper with the investigation and tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing
Page No.# 3/3 such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant