Gauhati High Court
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Page No.# 1/3
GAHC010215892025
2025:GAU-AS:14704
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1964/2025
RAJIB UDDIN
S/O ABDUS SAHID
R/O SABAJPUR
P.S. MURAJHAR
DIST. HOJAI
ASSAM
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE PP
ASSAM
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Advocate for : MR H R A CHOUDHURY
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HON'BLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
31.10.2025
Heard Mr. H R A. Choudhury, learned senior counsel assisted by Mr. I.U
Choudhury, for the petitioner and Mr. P.S Lahkar, learned Addl. PP for the
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State.
By this application the petitioner has prayed for pre arrest bail in
connection with Lumding P.S Case No. 67/2025 under Section 21(C)/29 of
the NDPS Act. The F.I.R dated 06.06.2025 reveals that on a secret
information that a vehicle carrying NDPS items coming from a particular
side towards other side, the police personnel after following the necessary
formalities reached the place of occurrence and during the checking
intercepted 2 nos. of vehicles and on search being made detained 2 nos. of
suspected persons and on being asked, the said persons revealed that
drugs are being kept at the rear boot of the car inside the back pack. The
police on further search found one grey and purple color bag from one of
the vehicle and inside the back pack found 50 nos. of colored soap boxes
containing suspected heroin.
Mr. H R A Choudhury, learned senior counsel for the petitioner submits
that the only material against the present petitioner is the statement by the
other two accused persons who were arrested on the spot. He placed the
Judgment of Hon'ble Supreme Court passed in P. Krishna Mohan Reddy
Vs. State of Andhra Pradesh, wherein it was observed that an
exculpatory police statement of the accused under Section 161 of the Cr.PC
which at the same time implicates another accused cannot be relied upon.
As such, he submits that the present petitioner may be released on bail.
Mr. P.S. Lahkar, learned Addl. PP submits that the name of the
petitioner was taken by both the accused persons while they were
interrogated by the police personnel on being caught red handed with the
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contraband during the raid conducted and since this is a bail, the said
statement assumes relevance.
The learned Addl. PP has also placed the Order of the Hon'ble Apex
Court passed in the State of Haryana Vs. Samarth Kumar in which the
Hon'ble Court had observed that bail application may not be allowed in
certain circumstances.
On the consideration made by the parties more so, on the fact that the
name of the petitioner was taken by both the accused persons at the spot,
who has stated that the person who fled away is the petitioner and in
absence of any other material, this Court finds it fit that the petitioner be
released on pre arrest bail on furnishing a bail bond of Rs. 30,000/- with 1
local surety of the like amount to the satisfaction of the Special Judge
Sankardev Nagar, Hojai under the following conditions:-
1. The petitioner will appear before the Investigating Officer within
7 days from today and will co-operate with the investigation.
2. The petitioner will not temper any evidence or influence any
other witnesses connected with the instant case.
3. The petitioner will not leave the place of residence without the
permission of the arresting authority.
Petition is disposed of.
JUDGE
Comparing Assistant
