Dismissed¶28

Abdul Ali v. the State of Assam

Gauhati HC3 Aug 2025AB/1585/2025

Case brief

AI extract

What is this about?

Pre-arrest/anticipatory bail REFUSED - Gauhati High Court, Justice Pranjal Das, 04.08.2025, AB/1585/2025. S.482 BNSS 2023 application by Farida Khatun @ Farida Begum (co-petitioner Abdul Ali already arrested) in Nagaon Sadar P.S. Case No. 494/2025 (Ss.20(b)/25/29 NDPS Act 1985 r/w S.4 Assam Bhang and Ganja Prohibition Act 1958); intermediate quantity ganja recovery alleged in ejahar dated 27.06.2025; case diary materials indicated involvement in supply and peddling of suspected narcotics; bail opined likely to prejudice ongoing investigation; petition rejected/disposed of; case diary returned. No precedents cited.

What did the court decide?

None - pre-arrest bail refused; anticipatory bail petition rejected and disposed of; case diary ordered to be returned. ¶28

Abdul Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

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GAHC010149842025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/1585/2025

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ABDUL ALI

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SON OF LATE EKLAS ALI KHUTI KATIA, BHAGIRATH BORDOLOI PATH, HAIBARGAON, P.S. NAGAON, DIST. NAGAON, ASSAM, PIN-782002.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A LAL, B C SANGTAM,P GANDHIYA,MR A BRAHMA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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04.08.2025

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1. Heard Mr. A. Lal, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.

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2. This application under Section 482 of BNSS, 2023 has been

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filed by the petitioner, namely, 1. Farida Khatun @ Farida Begum , seeking pre-arrest bail in connection with Nagaon Sadar P.S Case No. 494/2025 registered under Sections 20(b)/25/29 of NDPS Act, 1985, R/W Section 4 of Assam Bhang and Ganja Prohibition Act,1958.

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3. It is submitted that out of the two petitioners, petitioner Abdul Ali has already been arrested, thereby rendering his part of the pre-arrest bail application infructous. Inadvertently, in the previous order dated 31.07.2025, the petitioner number was incorrectly mentioned as petitioner no.2 instead of petitioner no.1.

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4. The allegations in a gist in the ejahar dated 27.06.2025 is about recovery of intermediate quantity of cannabis (ganja).

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5. It is submitted that on the basis of the statement of the coaccused, the petitioner cannot be arrested in terms of the governing law.

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6. Mr. R.J. Baruah, learned Additional Public Prosecutor for the State has submits that on the basis of the case diary that investigation is continuing and there are adverse materials in the case diary.

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7. I have perused the reports/bail objection filed by the I.O. Upon perusing the relevant materials, including the flag-marked portions made by the learned Additional Public Prosecutor for the State, I find that there are materials to indicate the involvement of the two-accused including the present petitioner in supply and peddling of suspected narcotic drugs which, if true is undoubtedly

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serious matter with highly detrimental social impact.

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8. I am of the view that granting pre-arrest bail at this stage to the petitioner might prejudice the investigation and therefore, in such view of the matter, the present anticipatory bail petition stands rejected .

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9. Return back the case diary.

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10. Accordingly, the anticipatory bail petition stands disposed of .

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JUDGE

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Comparing Assistant

Abdul Ali v. the State of Assam

Case brief

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Abdul Ali v. the State of Assam

Case brief

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