Page No.# 1/3 GAHC010065192026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./905/2026 FAIZUL HAQUE ALIAS FOJAR S/OLT. NUR MOHAMMAD ALI R/O VILL- NO. 3 BAGTA P.O. KALITAKUCHI, P.S. HOAJO, DIST. KAMRUP, ASSAM, PIN-781102, PH. NO. 6003311866 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : SIRAJ CHOUDHURY, A KUNDU,MR. SANU HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 23.04.2026 Heard Mr. P.R. Sarma, learned counsel appears on behalf of Mr. S. Choudhury, learned for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, Faizul Haque @ Fojar has prayed for releasing him on bail after he was arrested in connection with Hajo P.S. Case No.85/2026 registered under Sections 21(b)/25/29 NDPS Act. 3. The brief facts of the case is that on 08.03.2026 an FIR was lodged by one SI, Amarjeet Das stating therein that on that day at about 1.05 p.m they received information that substantial quantity of suspected heroin was stored at a residence of accused, Raju Ahmed in Dolaitola under Hajo P.S. Thereafter, a team of police officials including the informant went to Dolaitola and conducted a search in the house of Raju Ahmed, in presence of independent witnesses. The accused, Raju Ahmed and Faizul Haque were found inside the house. During search, one soap box containing suspected heroin was found from their possession. The weight of the suspected heroin was found to be 12.20 gms. The contraband was seized and the accused persons were apprehended. 4. It is submitted by the learned counsel for the petitioner that the present petitioner is a neighbour of the co-accused Raju Ahmed and the recovery was made in the residence of Raju Ahmed, which on that day the present petitioner had visited when the police arrived. 5. It is further submitted that no recovery was made from the possession of the present petitioner. 6. On the other hand, the learned Addl. P.P submits that both the present petitioner as well as co-accused, Raju Ahmed were found sitting together and as per seizure list, the recovery was made from their possession. 7. It is not in disputed that the recovery relates to intermediate quantity. It Page No.# 3/3 is further noticed from the seizure list that only one soap box containing suspected heroin was recovered and obviously one box cannot be recovered from the possession of two persons upon body search. I have also perused the notice under Section 50 of the NDPS Act concerning search of body of the suspected accused. 8. The case diary nowhere reveals specifically as to from whose possession the recovery of one soap box containing suspected heroin was made. 9. Having regard to the facts and circumstances of the present case, as well as the fact that petitioner has already spent 45 days in custody, further detention of the petitioner may not be warranted in the facts and circumstance of the case. Accordingly, the prayer for bail is allowed. Accused Faizul Haque @ Fojar is directed to be released on bail of ₹50,000/- (Rupees fifty thousand) only with two sureties of like amount to the satisfaction of the learned Additional Sessions Judge, Kamrup, Amingaon. 10. It is further provided that the petitioner shall regularly appear before the trial if one commences and shall not try to influence the witnesses in any manner. 11. Accordingly, the Bail Application stands disposed of. 12. Send back the Case Diary. JUDGE Comparing Assistant