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2026 DAILYLAW 17065 (GAU)

ROMEJ ALI v. THE STATE OF ASSAM

Bail Appln./51/2026 · 2026-01-08

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010002692026 2026:GAU-AS:370 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./51/2026 ROMEJ ALI S/O ISRAIL HOQUE R/O VILL- MOWATARI, WARD NO. 3, P.S. CHAPR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, U U KHAN,MR A AHMED,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.01.2026 1. Heard Mr. A. Ahmed, learned Counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, Romej Ali has prayed for releasing him on bail after he was arrested in connection with Chapar P.S. Case No.185/2025 under Section 21(b) of the NDPS Act, 1985. 3. 11 grms of suspected heroin was recovered from the possession of the petitioner. The learned Special Judge refused the bail prayer of the petitioner and held that the petitioner has the history of regularly buying Narcotic Drugs. 4. Learned counsel for the petitioner has submitted that the petitioner is a consumer of Narcotic Drugs and for that matter only 11 grms of suspected heroin was recovered from him. 5. Learned counsel for the petitioner has further submitted that for releasing the petitioner on bail, the period already undergone by the petitioner should be taken as a consideration under the given circumstances. 6. I have considered the submissions made by learned counsel for both sides. 7. Considering the amount of narcotic drugs seized from the possession of the petitioner and also considering the period of detention already undergone by the petitioner, this Court is of the opinion that the petitioner no longer deserve to be Page No.# 3/3 detained in custody. 8. Therefore, the bail application of the petitioner is allowed. 9. Therefore, the petitioner Romej Ali, who was arrested in connection with Chapar P.S. Case No.185/2025 shall be released on bail of Rs.50,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Bilasipara. 10. With the aforesaid direction, this bail application stands disposed of. JUDGE Comparing Assistant