Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010052862026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./752/2026 INAMUL HOQUE AND ORS S/O- TAIB ALI.
R/O- VILL.- BHALUKI, P.S.- HOWLY, DIST.- BARPETA, ASSAM 2: OWAHAB ALI S/O- LATE DAGRAB ALI.
R/O- VILL.- GHILAJHARI P.S.- HOWLY DIST.- BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, MR A BASUMATARY,MR. M M ZAMAN,M RAHMAN,IMDADUL ISLAM,N J DUTTA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26 .03. 2026 Heard Mr. N.J. Dutta, learned counsel for the petitioners and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent.
2. This application has been preferred by the petitioners namely, (1) Inamul Hoque and (2) Owahab Ali under Section 483 of Bharatiya Nagarik Suraksha
Page No.# 2/2 Sanhita (BNSS), 2023, praying for regular bail in connection with NDPS Case No. 17/2026 under Sections 21(b)/ 25/ 29 of the NDPS Act, 1985 (Corresponding to Silchar P.S. Case No. 1082/2025, pending in the Court of the learned Additional Sessions Judge, No. 3, Cachar, Silchar, Assam.
3. The petitioners were arrested on 01.11.2025 and have spent more than 5 months behind the bars and the seized ganja is of intermediate quantity. It is also seen from the record that a notice was issued under Section 48 of the Cr.P.C. by way of WT message but there is no receipt of acknowledgement of the same which amounts to violation of the mandate of law as explained in the case of Vihaan Kumar Vs. State of Haryana reported in (2025) SCC Online SC 269.
4. Having regard to the above, prayer for bail is allowed.
5. The petitioners above named are allowed to be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand only) with 2 sureties of the like amount to the satisfaction of the leaned Special Judge (NDPS), Cachar, Silchar.
6. It is further provided that the petitioners shall regularly participate in the trial as the charge sheet has already been submitted and the trial is likely to commence.
7. The petition stands disposed of. JUDGE Comparing Assistant