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2026 DAILYLAW 6200 (GAU)

MAMTUL ALIAS MANTUL ALI v. THE STATE OF ASSAM

AB/813/2026 · 2026-05-17

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010075232026 2026:GAU-AS:6842 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/813/2026 MAMTUL ALIAS MANTUL ALI S/O SAHANUR ALI R/O UDIANA, BALAGAON,P.S. RANGIA, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, S NAZNIN,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 18.05.2026 Heard Mr. H. R. A. Choudhury, the learned senior counsel assisted by Mr. I. U. Choudhury, the learned counsel for the petitioner. Also heard Ms. S. H. Borah, the learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this application the petitioner has prayed for bail in connection with Rangia P.S. Case No. 278/2025 under Sections 17(C)/29 of NDPS Act. 3. The case of the petitioner is that an FIR was lodged on 14.12.2025, stating inter alia that at around 10:30 PM on the previous night i.e. on 13.12.2025, the informant received the information that some narcotic dealers, namely Aitul Ali and petitioner has stored contrabands in their house. Based on such information, the police team conducted a raid in the house of the petitioner and his brother and recovered 86 kgs of opium. It is further alleged in the said FIR that the petitioner and his brother on hearing the police party approaching fled away from the said place. However, the wife of the petitioner was stopped form fleeing away and she was arrested and in presence of other persons the said contrabands were recovered. 4. Mr. H. R. A. Choudhury, the learned senior counsel submits that, the petitioner was not there at the place of occurrence, i.e. his house and by showing the ticket booked on 13.12.2025 for going from Rangia to Shiliguri and the departure time was mentioned as 6:30 PM, as such he submits that if the petitioner had left Rangia at around 6:30 PM, he would not be found at his place of occurrence on the same night after 10:30 PM. He had also placed the return ticket of the petitioner from Shiliguri to Rangia on 15.12.2025. 5. He submits that the petitioner is not at his house when the alleged contrabands were recovered and, as such, no complicity can be saddled on him. 6. Ms. S. H. Borah, the learned APP for the State, submits that the contrabands were recovered from the petitioner’s house and the wife was arrested from the said house. She has also placed the statements of the wife, Page No.# 3/3 wherein, it was stated that petitioner along with her and others were engaged in the business of receiving contrabands from Manipur and other facts related thereto. 7. On consideration of the submissions made by the parties, more so, due to the fact that the contrabands were recovered from the petitioners house and it is not a small quantity but 86 kgs of opium were recovered and further on the statement of the wife of the petitioner, this court does not think it fit to release the petitioner on anticipatory bail. 8. The AB Application as such dismissed and disposed of. JUDGE Comparing Assistant