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2026 DAILYLAW 1860 (GAU)

SADIQUE MOHAMMED LASKAR v. THE STATE OF ASSAM

Bail Appln./101/2026 · 2026-01-21

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010004632026 2026:GAU-AS:802 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./101/2026 SADIQUE MOHAMMED LASKAR S/O JAMIR UDDIN LASKAR VILL- LAKSHIRBOND PART-IIP.O. RANGAUTI, P.S. HAILAKANDI DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A H M R CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 22.01.2026 Heard Mr HRA Choudhury, learned counsel, assisted by Mr AHMR Choudhury, learned counsel appearing for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner, namely, Sadique Mohammed Laskar, in Page No.# 2/3 connection with Dispur PS Case No. 964/2025, under Section 21(b) of the NDPS Act, 1985. 3. The learned Senior Counsel for the petitioner has submitted that the petitioner is a contractual Government employee, serving as Computer Assistant in the office of the Block Development Officer, Hailakandi. He has never indulged himself in any criminal or any other anti-social activities whatsoever at any point of time. The learned Senior Counsel for the petitioner has submitted that while the petitioner was staying at Hotel Silver Stay, Sixmile, Guwahati, the Dispur Police raided his hotel room and arrested him on the allegation of recovering 9 packets contraband from his bag. Thereafter, the Sub- Inspector of Police, Dispur Police Station lodged an FIR with the Officer-In-Charge, Dispur Police Station against the aforesaid incident, which registered as the aforementioned PS Case under the aforesaid Section. 4. The learned Senior Counsel for the petitioner has further submitted that on 04.12,2025, the Police forwarded him before the learned Chief Judicial Magistrate, Kamrup (M), at Guwahati, and since then, the petitioner is in jail. It is submitted by the learned Senior Counsel that the petitioner has been thoroughly interrogated by the Police as he was also in Police remand for 2 (two) days. It is further submitted that the investigation of the case has progressed sufficiently and as such further custodial detention of the petitioner may not be required. Therefore, the learned Senior Counsel for the petitioner has prayed that the petitioner may be released on bail by imposing any terms and conditions, which may be deemed fit and proper by this Court. 5. The learned Additional Pubic Prosecutor has objected to the prayer for grant of bail, stating that the contraband has been found in conscious possession in presence of two independent witnesses. 6. Since the quantity involved is apparently intermediate, the stringent rigours and twin conditions mandated under Section 37 of the NDPS Act are not applicable to the present case, and the bail application is to be considered based on general principles Page No.# 3/3 under the BNSS, 2023. 7. In such circumstances, this Court is of the opinion that the petitioner is entitled for the privilege of grant of bail in connection with the aforesaid PS Case, and accordingly, directs that the petitioner named above, shall be set at liberty on furnishing a bail bond of Rs. 30,000/-, with two sureties of the like amount to the satisfaction of the learned District and Special Judge, Kamrup (Metro), at Guwahati, in connection with the aforesaid case, under the following conditions:- i. the petitioner shall appear before the Investigation Officer of said Dispur PS Case No. 964/2025, as and when he is required for necessary investigation; ii. the petitioner shall not leave the territorial jurisdiction of Dispur Police Station, without obtaining prior written permission from the concerned Investigation Officer of the case; iii. the petitioner shall not hamper with the investigation, or tamper with the evidence of the case; iv. the petitioner 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 them from disclosing such facts to the Court or to any Police Officer; and v. the petitioner shall not involve himself in any criminal activities in future. 8. In case of any violation of the aforesaid terms and conditions by the petitioner, the bail granted to him in the aforesaid case, shall stand liable to be revoked. 9. The Bail Application stands disposed of. JUDGE Comparing Assistant