Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010063322025
2025:GAU-AS:4331
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./909/2025 SALIM AHMED S/O- MD ABDUL MANIK, R/O- JURIPAR PATH, PANJABARI ROAD, PS DISPUR, DIST- KAMRUP METRO, ASSAM, PERMANENT ADD.- VILL.- MASLI, SRIBHUMI, P/S. BADARPUR, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REP.. BY THE PP, ASSAM Advocate for the Petitioner : MR P SONOWAL, MR. J N SUWAI,MR K THAKUR,MR D MEDHI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 08.04.2025
1. Heard Mr. D. Medhi, the learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3
2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed for the 2nd time by the petitioner, namely, Salim Ahmed, who has been detained behind the bars since 15.02.2025 (for the last 54 days) in connection with Basistha P.S. Case No. 103/2025 under Section 21(b) of 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 bag, 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 appearing for the petitioner has submitted that though the quantity of contraband mentioning the seizure-list is 123.46 grams, however, at the time of preparation of the inventory before the Magistrate, the quantity of seized contraband was found to be 112.55 grams. 6. The learned counsel appearing for the petitioner has submitted that the petitioner has been languishing behind the bars for the last 54 days and considering the period of detention already undergone, he may be allowed to go on bail. 7. On the other hand, the learned Additional Public Prosecutor, Mr.
P. Borthakur has produced the Case Diary of Basistha P.S. Case No. 103/2025 and has submitted that the investigation has fairly progressed. Page No.# 3/3
8. Considering the submissions made by the learned counsel for both the sides and also considering the period of detention already undergone by the petitioner, the above-named petitioner is hereby allowed to go on bail of Rs. 50,000/-(Rupees Fifty Thousand only) with a suitable surety of like amount subject to the satisfaction of the learned Special Judge, Kamrup(M) with following conditions:- (i) the petitioner shall co-operate in the trial; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 9. With the above observations, this bail application is hereby disposed of. 10. Return the case diary. JUDGE Comparing Assistant