Page No.# 1/4 GAHC010057052026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./985/2026 JAVED ALI S/O- NURJAMAL R/O-VILL- AMTOL BANGALI GAON P.S. - DHEKIAJULI DIST- SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR M AHMED, N. CHOUDHURY,A. K. KANU Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24.04.2026 Heard Mr. A.K. Kanu, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 for granting regular bail to the petitioner in connection with Special NDPS Case No. 59/2025 arising out of Dhekiajuli PS Case No. 218/2025 under Section 20(b)(ii)(C) of Page No.# 2/4 NDPS Act. 3. That one WSI Bablee Khanikar, I/C Rakshasmari, as first informant lodge an FIR with Officer-In-charge of Dhekiajuli Police Station alleging inter alia that on the receipt of secret information from a reliable source at around 7:40 PM on 02.08.2025 that the petitioner who hails from Amtol Bangali Gaon is engaged in selling suspected Ganja from his house since long and the sources also reveal that a large quantity of Ganja had been kept concealed in his house. Accordingly, a G.D.E. entry was made at Rakshasmari, O.P. vide G.D.E. No. 33, dated 02.08.2025 and then she informed superior officers via phone and she along with her accompanied stuff proceeded to Amtol Bangali Gaon. After arrival at Amtol Bangali Gaon she informed the Gaon Pradhan of that area and asked him to accompany to search the house of the petitioner. Accordingly, the Gaon Pradhan along with two other villagers accompanied the police team and they were explained the purpose of search, but by the time police team arrived at the house of the petitioner he managed to flee from the back door of his house. So the police party along with the gaon pradhan and other independent witnesses searched the house of the petitioner and during proper search of the petitioners house they were able to recover 8 (eight) numbers of plastic bags having suspected Ganja from different rooms of his house. Accordingly, the plastic bags containing suspected ganja were weighed with digital weighting machine belonging to Rakshasmari, O.P and weighed the same in presence of available the witnesses at the P.O. The net weight of the suspected ganja were 41,048 kgs with plastic bags. After completion of all the formalities the informant and all the police team and the seized item returned to O.P. kept the seized item in O.P. malkhana and then she lodged the F.I.R. at Dhekiajuli Police Station. The office in charge of Dhekiajuli Police Station registered the case Page No.# 3/4 under Dhekiajuli P.S. Case No. 218/25 u/s 20(b)(ii)(C) of NDPS Act and entrusted the case to S.I. Cheniram Mondol to investigate the case. 4. Learned counsel for the petitioner has submitted that the trial has already commenced and three of the independent seizure witnesses have been examined. Learned counsel has placed before the Court the copies of the deposition of the aforesaid three independent witnesses wherefrom it appears that they have not supported the prosecution case. It is also further submitted that the petitioner was not present in his house at the time of recovery. it is further submitted by Learned Counsel that only 3 witnesses are remaining, out of which One is the informant police official and the other two are the IO and the FSL expert. 5. On the other hand, learned Additional Public Prosecutor submits that even the remaining witnesses will be able to prove the case against the petitioner. And the Apex Court has held that the evidence of official witnesses/police witnesses, cannot be discarded merely because they are police personnel, and their evidence can be relied upon if they inspire confidence even without corroboration. It was in fact on that ground that the earlier bail application of the petitioner was rejected by this court by order dated 05.02.2026 in Bail Application No.3641/2025. 6. It appears that the remaining witness who is listed as PW1 in the charge sheet is the informant of the case who was present at the time of seizure and recovery and seizure of the contraband, and therefore she is a material witness. Whether her evidence is sufficient or not for the purpose of conviction is a matter to be decided at the trial. But at this stage, it cannot be held by this court that there is reasonable ground to believe that the petitioner is not guilty of the offense of possession of commercial quantity of ganja. Page No.# 4/4 7. That being so and in view of the provision of Section 37 of the NDPS Act, the prayer for bail stands rejected at this stage. 8. The bail application stands dismissed. JUDGE Comparing Assistant