Page No.# 1/3 GAHC010283232025 2026:GAU-AS:1102 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3012/2025 RAHUL ALI S/O. LT. SURAB ALI, VILL.- HULANG KATONI, PS NAZIRA, DIST. SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MR S K CHHETRY,MS. S SULTANA,MR. N UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.01.2026 Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Nazira Police Station Case No. 36 of 2025, registered under Section 21(b)/29 of the NDPS Act. The FIR dated 05.12.2025 lodged by the Police Personnel of the Nazira Police Station revealed that on a source information that 2 drug peddlers namely, Rahul Ali @ Kulai and Nazim Ali @ Page No.# 2/3 Babatu were hiding in the house of the petitioner, the Police Personnel after making necessary G.D. entry and after receiving the search authorization went to the house of Nazim Ali @ Babatu. It was further stated in the FIR that the Police Personnel reached the house of Rahul Ali at 09:45 PM and on reaching the house of Rahul Ali @ Kulai, Rahul Ali is said to have fled away taking advantage of the darkness of the night. It is further stated that Nazim Ali was caught, who was trying to flee away and the house of Rahul Ali, the petitioner was searched in presence of independent witnesses. It was also stated that no NDPS substance was found in the house of Rahul Ali i.e. the petitioner. However, the house of Nazim Ali was searched and contrabands were found therefrom. 3. Mr. Uddin, learned counsel for the petitioner submits that it is a fact that the contrabands were found from one Nazim Ali, but no NDPS substance was found from the house or from the possession of Rahul Ali i.e., the petitioner. As such, he has prayed that bail may be granted to the petitioner. 4. Mr. R. J. Baruah, learned Additional Public Prosecutor for the State, however, strongly objects to the grant of bail to the petitioner, inasmuch as it is clearly stated both in the FIR as well as in the Case Diary that two (2) drug peddlers both Rahul Ali @ Kulai and Nazim Ali @ Babatu were hiding in the house of the petitioner. He further submits that the case is also registered under Section 29 of the NDPS Act, which shows that the present petitioner is also involved in the offence. He also submits that the Case Diary showed that the Police first searched the house of Rahul Ali i.e. the petitioner and thereafter they searched the house of other two accused persons and that contrabands were found from the house of one of the other two (2) accused person i.e. Nazim Ali, who is stated to be hand in gloves together with the petitioner in the said offence. He, as such, objects to the grant of bail. Page No.# 3/3 5. I have heard the parties and I have gone through the record. It is clearly reflected in the FIR as well as in the contents of the Case Diary that no NDPS substance were found in the house of the petitioner neither it is reflected in the FIR that the petitioner tried to flee from his house or any other incriminating materials against the petitioner except to the fact that the Police Personnel had reliable information that two (2) drug peddlers were in the house of the petitioner. However, the same was not substantiated later in the Case Diary or in the FIR. As such, this Court deems it fit that the petitioner shall be released on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Arresting Authority under the following conditions: (a) The petitioner will co-operate with the investigation of the case and appear before the Investigating Officer within a period of ten (10) days from today. (b) The petitioner shall not influence any witnesses connected with the said case and tamper with the evidence. 6. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant