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2026 DAILYLAW 9559 (GAU)

MATIUR RAHMAN v. THE STATE OF ASSAM

Bail Appln./1633/2026 · 2026-07-14

Pranjal Das

body2026

Judgment text

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Page No.# 1/2 GAHC010122632026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1633/2026 MATIUR RAHMAN S/O JOBBAR SHEIKH, R/O VILLAGE MASPARA, P.O. P.S. BILASIPARA, DISTRICT DHUBRI, ASSAM, PIN-783348. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M Z SHAH, S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 15.07.2026 Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State. 2. By this application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Matiur Rahman, has prayed for bail in connection with Bilasipara P.S. Case No. 185/2026 u/s 21(b) of NDPS Act. 3. The petitioner was arrested on 07.06.2026 due to suspected Page No.# 2/2 contraband in the nature of suspected heroin stated to have been seized from his shop upon search by the police, who carried out the operation based on information about availability of suspected drugs in that shop of the petitioner. Apart from the contraband, some plastic vials and other containers including cash, mobile phone were also recovered. It is stated to have been recovered from a Munch Chocolate box inside a black polythene bag. As per the order of the learned JMFC, pertaining to weight without containers is stated to be 11.2 grams of suspected heroin. 4. The case diary, as called for, has been received along with a bail objection in which the I/O has contended that the petitioner is also prosecuted in another case vide Bilasipara P.S. Case No. 123/2023. The I/O objects to the grant of bail on the grounds that this person has been peddling drugs in that area, endangering society. 5. Perused the relevant portions of the case diary. Seen the statements of the witnesses including one independent seizure witness who has supported the allegations of the seizure. 6. Perused the seizure list. The investigation indicates that some other persons are also suspected to be involved in the transportation of such contraband and peddling of such drugs from the petitioner. Investigation is continuing into those aspects and as also efforts to apprehend other persons. Though there is some progress in investigation, however, it would be prudent to refuse bail at least this. 7. Accordingly, the bail petition stands rejected at this stage. 8. Send back the case diary. JUDGE Comparing Assistant