Page No.# 1/4 GAHC010084982026 2026:GAU-AS:7792 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1143/2026 SABINA KHATUN W/O ANOWAR HUSSIAN, R/O VILL. NO 5 BARUAHJHAR, P.O. AND P.S DALGAON, DIST. DARRANG, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. T K BHUYAN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.06.2026 Heard Mr. T.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Sabina Khatun, has prayed for bail as she is behind bars since 25.04.2026 in connection with Dalgaon P.S Case No. 63/2026, registered under Section 21(c) of NDPS Act. 3. It is submitted on behalf of the petitioner that although she has been booked under Section 21(c) of NDPS Act, the order of the learned JMFC, Darrang, Mangaldai, dated 25.04.2026 clearly reveals that only 43 gms of heroin was found after measuring the heroin upon separating it from white paper and plastic containers. The actual weight of the heroin was only 43 gms, whereas, the total weight along with the plastic containers and white paper weighed 348 gms. 4. It is further submitted that the petitioner is only 19 years old and she was recently married to the co-accused named in the FIR. The petitioner was not aware if her husband was dealing in drugs. When her husband fled during the search operation conducted by the Investigating Agency, the petitioner was apprehended. 5. The learned Additional Public Prosecutor has raised serious objections stating that the petitioner in connivance with her husband, deals in Page No.# 3/4 drugs/contraband. There are incriminating materials in the case diary against the petitioner. 6. It is also submitted that bail may not be considered prior to receipt of the FSL report. 7. I have considered the submissions at the Bar with circumspection. 8. I have also considered the weight of the total amount of heroin in connection with this case, as reflected by the order dated 25.04.2026, passed by the learned JMFC, Darrang, Mangaldai. The amount of heroin appears to be of intermediate quantity. 9. The investigation has also progressed to a certain extent. 10. I have also considered the age of the petitioner. 11. Considering the entire aspect of the matter, the above-named petitioner shall be enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount subject to the satisfaction of the Jurisdictional Court/Elaka Magistrate with following conditions: (i) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation; (ii) the petitioner shall refrain from such activities with she is alleged; (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission; Page No.# 4/4 12. On breach of any of the bail conditions, bail order shall stand cancelled. 13. Send back the case diary. 14. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant