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Gauhati High Court
Lal Badsha Baniya Alias Lal Badsa Baniya vs The State Of Assam on 28 November, 2025
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GAHC010215352025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2341/2025
LAL BADSHA BANIYA ALIAS LAL BADSA BANIYA
S/O LATE SABED ALI BANIYA
R/O VILL- GAJIPARA (GORAIMARI), P.O. GORAIMARI, P.S. BONGAIGAON,
DIST. BONGAIGAON, ASSAM
PIN-783390
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM.
Advocate for the Petitioner : MR. N J DUTTA, MR. B HUSSAIN,MR. A A MONDAL
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
28.11.2025
Heard Mr. N. J. Dutta, learned counsel for the petitioner and Mr. P.
Borthakur, learned Additional Public Prosecutor.
2. This petition under Section 482 BNSS is filed by the petitioner,
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namely, Lal Badsha Baniya @ Lal Badsa Baniya, apprehending arrest
in connection with Manikpur PS Case No. 76/2025 registered under
Section 20(b)/21(b)/29 of NDPS Act. Corresponding to GR No.
316/2025.
3. The allegation in the FIR date 03.07.2025 is that on the basis of an
information, the police searched the house of one Samirul Baniya and
thereafter, the common premises of brothers Lal Badsha Baniya and Lal
Miya Baniya were searched and upon such search, 12.30 kg of
opium/poppy seeds (crushed) were seized which was kept in jute bag.
Upon being information given by the said Samirul Baniya, the house of Lal
Badsha Baniya was also searched and there one Yusuf Ali was found and
from his pocket 50.33 grams of opium was seized.
4. With regard to poppy seeds, the learned counsel for the petitioner
submits that the same is not covered by the provisions of the NDPS Act
and the said position was also been clarified by case law.
5. In this regard the reference has been made to the judgment in the
State of Himachal Pradesh vs Nirmal Kaur @ Nimmo and others reported
in 2022 Supreme (SC) and 1081 relevant paragraph 26 is reproduced
herein below:
"26. In the present case, we are concerned with the conviction in
relation to 'poppy straw'. 'Poppy straw has been defined to mean all
parts of opium poppy after harvesting, whether in their original form
or cut, crushed or powdered and whether or not juice has been
extracted therefrom. However, the said definition excludes the
seeds. As such, 'poppy straw' would mean all parts of 'opium poppy'
except the seeds. Therefore, for bringing home the guilt of the
accused for contravention in relation to 'poppy straw', it will be
relevant to refer to the definition of 'opium poppy'. 'Opium poppy'
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has been defined under Clause (xvii) of Section 2 of the 1985 Act
which has been reproduced hereinabove. As per sub-clause (a) of
Clause (xvii) of Section 2 of the 1985 Act, 'opium poppy' means the
plant of the species 'papaver somniferum L'. As per sub-clause (b)
thereof, 'opium poppy' would also mean the plant of any other
species of 'papaver' from which 'opium' or any 'phenanthrene
alkaloid' can be extracted and which the Central Government, by
notification in the official gazette, has declared to be 'opium poppy'
for the purposes of the 1985 Act."
(emphasis supplied)
6. With regard to the opium, prima facie it appears that as per the FIR
it was recovered from the pocket of one Yusuf Ali.
7. The learned Additional Public Prosecutor submits that if bail is
considered then perhaps only interim bail may be given at present as FSL
report is awaited.
8. I find force in the said contention.
9. Accordingly, send back the case diary to be procured again along
with the FSL report.
10. In the meantime, the petitioner named above, shall be released on
interim pre-arrest bail, in connection with the above noted case, on
furnishing bail bond of Rs. 30,000/- with one surety of like amount to
the satisfaction of the arresting authority, subject, of course, to the
following conditions that the petitioner:
(a) shall co-operate with the investigation and make himself
available for examination;
(b) shall not hamper or tamper with the evidence of the case.
(C) not indulge in any illegal activity prohibited by the NDPS Act.
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11. List the matter 16.12.2025.
JUDGE
Comparing Assistant
