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2026 DAILYLAW 12239 (GAU)

SHAHJAHAN ALI v. THE STATE OF ASSAM

Bail Appln./2019/2026 · 2026-08-19

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010149772026 2026:GAU-AS:11908 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2019/2026 SHAHJAHAN ALI S/O SAYED ALIR/O CHAMPUPARA GAON, P.S. CHHAYGAON, DISTRICT KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S K TALUKDAR, K A SODIAL,MR. J M A CHOUDHURY,MR. A SAYED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 20.08 . 2026 Heard Mr. S.K. Talukdar, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for the grant of bail to the petitioner, namely, Shahjahan Ali, in connection with Page No.# 2/3 Chhaygaon P.S. Case No. 133/2026 under Sections 20 (b) (ii) (B) of the NDPS Act. 3. The learned counsel for the petitioner has submitted that the recovery of ganja from the petitioner is about 1,782 grams, which falls within the intermediate quantity, the commercial quantity being 20 kg. He submits that the petitioner is a merchant by profession. He has accordingly prayed that the petitioner may be allowed the privilege of bail at this stage, since he has already suffered custodial interrogation for 45 days. 4. The learned Addl. P.P has submitted that the recovery from the petitioner is substantial and allowing the petitioner to be set at liberty at this stage may allow him to be involved in the business again, since, during the investigation, he has already admitted that he was involved in petty business of Ganja. 5. I have considered the rival submission made and I have also considered the materials on record. 5. In view of the fact that the intermediate quantity has been recovered from the petitioner and the investigation has sufficiently progressed, I am of the view that the further custodial interrogation of the petitioner at this stage may not be necessary, subject to the conditions that he does not involve any further activities of similar nature in the future. 6. Accordingly, the petitioner shall be released on bail on furnishing a bail bond Rs. 20,000/-, with two sureties of like amount one of whom shall be a local surety to the satisfaction of the learned Special Judge, NDPS, Kamrup, Page No.# 3/3 Amingaon. 7. The petitioner shall not leave the jurisdiction of the Investigating Officer or the learned Special Judge, NDPS, Kamrup, Amingaon without prior written permission for the same. 8. The petitioner shall not engage in any activity of similar nature in the future. 9. The petitioners shall participate and fully cooperate with the investigation as and when required to do so. 10. The Investigating agency shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. 11. This bail application stands disposed of. JUDGE Comparing Assistant