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2026 DAILYLAW 12402 (GAU)

ZIBAN AHMED v. STATE OF ASSAM

Bail Appln./1929/2026 · 2026-08-05

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010143252026 2026:GAU-AS:10928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1929/2026 ZIBAN AHMED S/O AKMAL ALI BHUYAN, R/O VILL NAM DOBOKA PATHAR, PO HINDU BLOCK, PS DOBOKA, DIST HOJAI, ASSAM, PIN 782440 VERSUS STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MS. S NISHA SULTANA,TAWHID LASKAR Advocate for the Respondent : SPL PP WILDLIFE FOREST ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 06.08.2026 Heard Mr. S. Nawaz, learned counsel for the accused. Also heard Mr. B. Sarma, learned Special Public Prosecutor, Wildlife for the respondent. 2. This petition, under Section 483, BNSS is preferred by accused, namely, Ziban Ahmed, who has been languishing in jail hazot in connection with Offence Page No.# 2/3 Report No. LK/15 of 2026-27, dated 19.06.2026, under Sections 9/39/44/49B/49C/50/51 of the Wild Life (Protection) Act, 1972, since 19.06.2026, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of a complaint lodged by one Milu Bathar, Forester-I, on 19.06.2026. The essence of allegation against the present accused is that he was found in possession of Pangolin scales in two gunny bags, weighing 18.05 kg, which he carried in a vehicle, bearing Registration No. AS-31F-7300, near Lanka Tiniali. 4. Mr. Nawaz, the learned counsel for the accused submits that the accused was arrested on 19.06.2026, and since then, he has been languishing in jail hazot for last 48 days, and that the statutory period of detention in this case is 60 days, and investigation in the matter might have been completed, and as such, further custodial detention of the accused may not be required in the interest of investigation, and therefore, he has contended to allow the petition. 5. On the other hand, Mr. Sarma, learned Special Public Prosecutor, Wildlife has produced the case diary before this Court and submits that investigation is still going on and the FSL report is still awaited. 6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record, and also perused the case diary with the assistance of Mr. Sarma, learned Special Public Prosecutor, Wildlife. 7. In view of the materials collected so far in the case diary, and also in view of the progress of investigation, as well as the period of detention of the accused in jail hazot for last 48 days, this Court is of the view that further custodial detention of the accused seems to be not warranted, in the interest of Page No.# 3/3 investigation. 8. Accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 25,000/-, with one surety of like amount, to the satisfaction of the learned Sessions Judge, Hojai, the accused be enlarged on bail. 9. In terms of above, this bail application stands disposed of. 10. Case diary be returned. JUDGE Comparing Assistant