Page No.# 1/4 GAHC010168012026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1881/2026 TAYAB ALI ALIAS BABUL S/O LATE KARAMAT ALI RESIDEN TOF VILL- SASHINAGAR (PURBO LOWAIRPOA), P.S. BAZARICHERRA, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A S TAPADER, R J OJAH,MR M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 28.09.2026 1. Heard Mr. A.S. Tapader, the learned counsel appearing for the accused applicant. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the accused applicant, namely, Tayab Page No.# 2/4 Ali@Babul, who is apprehending his arrest in connection with Patharkandi P.S. Case No. 45/2026, under Sections 21(b)/25, of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The facts of the case as involved has been narrated in the FIR dated 17.04.2026 reveals that on receipt of an information about some drug peddlers were preparing for a deal of illegal Narcotic drugs at Hatkhola near NH 08, under Patharkandi PS jurisdiction, the police after seeing one person in a suspicious condition, chased him and apprehended him on the spot. 4. It is alleged that the police recovered 57 grams of suspected heroin from the conscious possession of the accused person, namely, Ashuk Uddin. 5. On receipt of the FIR, police registered Patharkandi P.S. Case No. 45/2026, under Sections 21(b)/25, of the Narcotic Drugs and Psychotropic Substances Act, 1985. After completion of the investigation, police filed a charge sheet, vide charge sheet No. 66/2026 dated 14.06.2026, wherein the accused applicant has been named as an accused. 6. The learned counsel for the accused applicant submits that the accused applicant has been arrested only on the basis of the statement made by the main accused person, namely, Ashuk Uddin. However, there is no material or evidence connecting the accused applicant to the alleged offence other than the co-accused’s statement. He submits that taking into account the confessional statements, which are not admissible during the trial; the accused applicant should be granted the pre-arrest bail. He further submits that the quantity that has been recovered from the main accused person is of intermediate quantity, and no narcotic contraband has been recovered from the accused applicant. 7. The trial court record has been received and the same has been perused. Page No.# 3/4 8. On the other hand, the learned Additional Public Prosecutor, Mr. K.K. Parasar has opposed the grant of bail to the accused applicant. 9. Taking into account the facts and circumstances of the case, this court is of the considered opinion that the accused applicant should be granted pre- arrest bail. Accordingly, it is directed that in the event of the arrest of the accused applicant, namely, Tayab Ali@Babul, he shall be released on pre-arrest bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that:- i. that the accused applicant shall cooperate with the investigation and shall appear before the Investigating Officer within a period of 10 days from today; ii. that the accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the investigating officer; and iii. that the accused applicant shall not try to hamper or tamper with the investigation in any manner, whatsoever. 10. With the above observations, this bail application is hereby disposed of. 11. Return the TCR. Page No.# 4/4 JUDGE Comparing Assistant