Page No.# 1/4 GAHC010139882026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1873/2026 RESIM ALI ALIAS TUTU ALI S/O-SIRAJ ALI, VILL BORIGAON, PS MORIGAON, DIST. MORIGAON ASSAM, PIN 782104 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : S K PODDAR, MS. N PODDAR,MR. R GHOSH,MR. C SHARMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16.07.2026 Heard Mr. S.K. Poddar, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appears for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, namely, Resim Ali @ Tutu Ali has prayed for releasing him on bail after he was arrested in connection with Morigaon Police Case No. 87/2026 Page No.# 2/4 registered under Sections 21(b)/27(A)/29 of NDPS Act, 1985. 3. The prosecution story in brief is that on 09.06.2026, informant SI Utpal Chanda lodged an FIR with the Officer-in-charge of Morigaon Police Station alleging inter alia that, on 09.06.2026 at about 1:30 p.m, acting on credible information, police recovered 45 plastic vials containing suspected heroin weighing 63.03 grams with containers and 6.03 grams without container from one Rekibur Rahman (22). On spot interrogation, the accused disclosed that he had purchased the contraband from Mofdiul Hashem, leading to a raid at the latter’s residence wherefrom Rs.40,970/- was seized. Preliminary investigation further revealed that both the accused were allegedly involved in financing and trafficking heroin from Dimapur into Assam through a concealed distribution network, and Rekibur Rahman had previously been charge-sheeted in multiple NDPS cases. 4. Learned counsel for the petitioner has submitted that the present petitioner has been arrested on the basis of implication made by the co-accused Rekibur Rahman as discernable from the forwarding report. Besides that no other material is attributed to the petitioner and further no recovery of any contraband drugs has been made from his possession. Therefore, in view of the law laid down in Tofan Singh Vs State of Tamil Nadu reported in (2021) 4 SCC 1, wherein it was held that the confessional statement made under Section 67 of the NDPS Act, 1985 is inadmissible in evidence in trial, the petitioner is entitled to be released on bail. 5. Mr. B. Sarma, learned Additional Public Prosecutor appears for the State of Assam with reference to the case diary has submitted that the main accused has implicated the petitioner by stating that he had purchased contraband drugs from the petitioner. Furthermore, as per the case diary, both the accused were Page No.# 3/4 involved in financing and trafficking in heroin from Dimapur into Assam. Therefore, having regard to the above, the petitioner is not entitled to be granted bail. 6. Upon perusal of the case diary, it appears that, as rightly contended by the learned counsel for the petitioner, the present petitioner has been arrested only on the basis of the statement of the arrested accused Rekibur Rahman. And therefore, there appears to be no other materials except the statement of the co-accused on the basis of which the petitioner was arrested. Even the allegations regarding prior involvement in offence is of a similar nature arises from the same statement of the arrested co-accused. 7. It has been held by the Hon’ble Apex Court in P.Krishna Mohan Reddy –Vs- State of Andhra Pradesh reported in (2025) INSC 725 that the statement of the co-accused cannot be taken into consideration for the purpose of deciding the grant of bail to an accused. 8. Having regard to the above, this Court is inclined to come to the view that there being no other materials apart from the statement of the co-accused, the petitioner must be regarded as not guilty of the alleged offence, for the limited purpose of consideration of the instant bail application. Further there appears to be no material other than the statement of the co-accused to lead the Court to believe that the petitioner shall indulge in offences of a similar nature if released on bail. 9. For the reasons mentioned hereinabove, the petitioner named above shall be released on bail in connection with Morigaon Police Case No. 87/2026 registered under Sections 21(b)/27(A)/29 of NDPS Act, 2023, on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand only) with two sureties of the Page No.# 4/4 like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court subject to the following conditions: i. That the petitioner shall not leave the territorial jurisdiction of learned Eleka Magistrate/ Jurisdictional Court without prior written permission from him ; ii. That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. iii. That the learned Eleka Magistrate/Jurisdictional Court may impose any additional condition(s) if he deems it fit and proper to do so to procure the attendance of the petitioner during trial. 10. The observations made in this order are limited only for the purpose of disposal of the instant bail application and shall not have any bearing upon the trial pending against the present petitioner. 11. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant