Page No.# 1/4 GAHC040014902026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/89/2026 Miss Ashmina Khatun Daughter of Md Asmat Ali, presently residing at Near Helipad Colony, A Sector, Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. 791110 VERSUS The State of AP represented by the Special PP Advocate for the Petitioner : Duyu Nimey, Mudang Doilyang,Dusu Pullo Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 16.09.2026 Heard Mr. D. Nimey, learned counsel appearing for the accused applicant and Mr. T. Ete, learned Addl. PP for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the accused, namely, Shri Asmat Ali, who was Page No.# 2/4 arrested by the Police of Naharlagun Police Station in connection with Naharlagun P.S. Case No.92/2026 under Section 21(b)/27/29 of the NDPS Act, 1985 arising out of FIR dated 28.07.2026. 3. An FIR was lodged before the Officer-in-Charge of Naharlagun Police Station on 28.07.2026 by one Vivek Linggi, SI alleging that on 28.07.2026 at around 1938 hours on receipt of a verbal information from a reliable source that a drugs peddler, namely, Md. Atikul Islam residing at Harekmaal Basti, Model Village, Naharlagun is in possession of contraband substances. Thereafter, the Police team identified the rented house occupied by the alleged drugs peddler and conducted a raid in the said rented house. The Police team apprehended Md. Atikul Islam and recovered a black polythene containing a red coloured cylindrical container and two vials containing suspected heroin weighing 13.69 grams in total, including weight of the containers along with an empty plastic vial kept hidden between tin walls inside the kitchen. 4. It is stated in the FIR that the aforesaid Md. Atikul Islam disclosed that he procured the said seized contraband substance from one habitual peddler, namely, Md. Asmot Ali of Laluk, Lakhimpur, Assam. 5. On receipt of the FIR, the Police registered Naharlagun P.S. Case No. 92/2026 registered under the aforementioned sections. 6. The learned counsel appearing for the accused applicant submits that the accused applicant is nowhere linked to the aforesaid seizure. He Page No.# 3/4 submits that only on the basis of the statement made by Md. Atikul Islam, the accused applicant has been arrested by the Police on suspicion i.e. on 15.08.2026. He submits that only on the basis of statement of the co- accused and or a confessional statement by him which is not admissible under the law, a case cannot be made out against him. He further submits that there was no quantity of contraband materials recovered from his possession and therefore, taking into account the aforesaid fact, the accused applicant should be granted bail, at this stage. 7. On the other hand, Mr. T. Ete, learned Addl. PP for the State submits that the accused is a habitual offender having 2 (two) other cases of similar nature involving of allegation of peddling of narcotics drugs, which are pending against the accused applicant. He submits that the accused applicant being a habitual offender should not be granted any relief, at this stage. 8. The Case Diary in the instant case has been produced before this Court and the same is perused. 9. On consideration of the submissions made by the learned counsel for the respective parties as well as the materials available in the Case Diary and also taking into account the criminal antecedents of the accused applicant, this Court is not inclined to grant any relief to the accused applicant, at this stage. 10. The learned counsel appearing for the accused applicant has referred Page No.# 4/4 to the case of Prabhakar Tewari-vs-State of U.P. & Anr. (Criminal Appeal No. 152 of 2020) (arising out of Special Leave Petition (Crl.) No. 9207/2019) to support his submissions that the criminal antecedents may not be looked into while considering the bail prayer of the accused applicant. 11. This Court has considered the aforesaid case law decided by the Hon’ble Supreme Court and this Court is of the considered view that, at this stage, the aforesaid case may not be of any help to the accused applicant as the case relates to cancellation of bail before the Hon’ble Supreme Court. In terms of the aforesaid observation, this instant Bail Application is disposed of. JUDGE CHECKED & VERIFIED Digitally signed by Talom Tali Date: 2026.09.16 17:10:01 +05'30'