Page No.# 1/4 GAHC010005052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./44/2026 PIYARA BEGUM WIFE OF LATE HARICH ALI, RESIDENT OF VILLAGE- DEORAIL, P.O. P.S.- BADARPUR, DISTRICT- SRIBHUMI, ASSAM, PIN NO. 788806. VERSUS THE BRANCH MANAGER AND ANR STATE BANK OF INDIA, BHANGA BRACH, BADARPUR, DISTRICT SRIBHUMI, ASSAM, PIN-788805. 2:THE OFFICER IN CHARGE HAFLONG POLICE STATION HAFLONG DISTRCIT- DIMA HASAO ASSAM PIN- 788819 Advocate for the Petitioner : MR. S K TALUKDAR, MR. J M A CHOUDHURY,K G CHOWDHURY,L P BORAH Advocate for the Respondent : MR. B B GOGOI, ADDL. P.P., ASSAM (R-1), Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.07.2026 Heard Mr. JMA Choudhury, learned Counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. By this application filed under Section 528 of the BNSS, 2023, the petitioner has challenged the order dated 04.08.2025 by which the application filed by the petitioner for de-freezing her account being Account No.31041913717 maintained with the State Bank of India, was rejected. The petitioner has also prayed that the petitioner be allowed to operate her account by de-freezing the same by the Respondent Authorities. 3. The case of the petitioner is that an FIR was lodged before Haflong Police Station regarding transportation of suspected narcotic drugs and the police after conducting a Naka checking had recovered NDPS articles and arrested one accused namely Sri. Dedao Naiding. It is further stated that the case was registered and a search operation was conducted in the house of the petitioner as well and the husband of the petitioner was arrested in connection with the said offence. The Investigating Authority had seized four bank accounts, one being the account held by the petitioner. During the pendency of the said case before the Special Judge, Dima Hasao, the petitioner had filed the application to defreeze the account as stated above and the said Court had asked for a report from the police officer and the police officer submitted a report on 04.07.2025 stating therein that on analysis by the Investigating Officer, it was found that the arrested accused person namely Sri. Dedao Naiding had made frequent calls to the husband of the petitioner and that the said accused person had done five online transactions amounting to Rs. Page No.# 3/4 30,000/- each from his mobile phone into the bank account of the petitioner on various dates as mentioned in the report. In the said report, it was also stated that from the analysis of the bank statements, it was found necessary to freeze the said account and as such, the account was freezed. 4. In view of the said report, the learned Court of Special Judge, Dima Hasao had rejected the application filed by the petitioner vide order dated 04.08.2025. 5. The learned Counsel for the petitioner submits that the petitioner has been using the said account for her work purpose and that freezing of the said account has hampered her day to day work. 6. It is noticed that the said rejection order was dated 04.08.2025 by the Special Judge, Dima Hasao and it is submitted by the learned Counsel appearing for the State that the charge framing in respect of the connected case was done on 23.06.2025. The learned Counsel for the petitioner submits that the trial of the said case i.e. NDPS Case No. 23/2024 in which the petitioner's husband is an accused and the bank account was also seized in connection with the said case has proceeded and is at the evidence stage and witnesses are being examined. Accordingly, it is in the fitness of the things that the case relating to de-freezing of the account of the petitioner being SBI Bank Account No. 31041913717 be again heard by the learned Court of Special Judge, Dima Hasao in view of the developments in the said case of NDPS Case No. 23/2024. 7. Accordingly, the case is remanded back to the learned Court for fresh appraisal of the issue at hand. It is also directed that the learned Court would consider de-freezing the account of the petitioner not only in view of the developments in the NDPS case, but also due to the fact narrated by the petitioner Page No.# 4/4 that freezing of the said account had hampered her work. The learned Court can further consider in de-freezing the account by putting aside the amount stated to be in consequence of the NDPS Case being NDPS Case No. 23/2024 and thereafter order for de-freezing of the account. 8. With these observations, the instant application is disposed of. JUDGE Comparing Assistant