Mirjan Ahmed and 2 Ors. v. the State of Assam

Gauhati HC16 Nov 2025AB/2410/2025

Case brief

AI extract

What is this about?

Anticipatory bail; pre-arrest bail; Section 482 BNSS 2023; NDPS Act Sections 21(b)/29; heroin 61.14 gms; FIR dated 23.06.2023; Dhing P.S. Case No. 100/2023; charge-sheet No. 132/2023 dated 31.08.2023; interim bail; bail bond Rs. 20,000 each; Special Judge (NDPS) Nagaon; Arresting Authority; Gauhati High Court; Justice Anjan Moni Kalita; Assam; Nagaon; Dhing; order dated 17.11.2025.

What did the court decide?

Interim pre-arrest bail: in the event of arrest, the accused applicants are to be released on furnishing bail bonds of Rs. 20,000/- each with surety of like nature to the satisfaction of the Special Judge, (NDPS) Nagaon, subject to conditions of appearing before the Trial Court within 10 (ten) days, co-operating with the trial, and not indulging in any such activities in future. ¶¶35

Mirjan Ahmed and 2 Ors. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the accused applicants in connection with Dhing P.S. Case No. 100/2023 registered under Sections 21(b)/29 of the NDPS Act.

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Court's answer

After considering the materials on record, the Court opined that the accused applicants should be allowed to go on interim bail so that they can appear before the Trial Court for regular trial.

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Ratio / Principle

In the event of arrest by the Arresting Authority, the accused applicants shall be released on furnishing bail bonds of Rs. 20,000/- each with surety of like nature to the satisfaction of the Special Judge, (NDPS) Nagaon, subject to conditions: appearance before the Trial Court within 10 (ten) days of the order, co-operation with the trial and appearance as and when required, and abstention from indulging in any such activities in future.

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Detailed headnote1 paragraphs

Gauhati High Court (Anjan Moni Kalita, J.), order dated 17.11.2025 in Case No. AB/2410/2025: Three accused (Mirjan Ahmed, Arfan Ali and Johirul Islam) in Dhing P.S. Case No. 100/2023 under Sections 21(b)/29 of the NDPS Act, arising from an FIR dated 23.06.2023 alleging recovery of suspected heroin weighing 61.14 gms, moved this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for pre-arrest bail after charge-sheet No. 132/2023 dated 31.08.2023 had been filed. The Court, having gone through the Trial Court Records, held that the applicants should be allowed to go on interim bail to appear before the Trial Court for regular trial, and directed that in the event of arrest they be released on furnishing bail bonds of Rs. 20,000/- each with like surety to the satisfaction of the Special Judge, (NDPS) Nagaon, conditioned on appearance before the Trial Court within 10 (ten) days, co-operation with the trial, and abstention from such activities. The application was disposed of.

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GAHC010221582025

2025:GAU-AS:15523

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

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Case No. : AB/2410/2025

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MIRJAN AHMED AND 2 ORS

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SON OF ABDUL RASHID VTC, PANBARI SATRA PANBARI PO MOIRABARI, PS DHING SUB DISTRICT DHING DISTRICT, NAGAON, ASSAM, PIN 782126

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2: ARFAN ALI

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SON OF ABDUL RASHID VTC PANBARI SATRA PANBARI PO MOIRABARI PS DHING SUB DISTRICT DHING DISTRICT NAGAON ASSAM PIN 782126

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3: JOHIRUL ISLAM

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SON OF ABDUL RASHID VTC PANBARI SATERA PANBARI PO MOIRABARI PS DHING

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SUB DISTRICT DHING DISTRICT NAGAON ASSAM PIN 78212

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PP ASSAM

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Advocate for the Petitioner : MR MINTU SAIKIA, MR J FIRDAUS

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

17.11.2025

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Heard Mr. M. Sarma, learned counsel for the accused applicants. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the respondent State.

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This application has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting pre-arrest bail to the accused applicant in connection with Dhing P.S. Case No. 100/2023 under Sections 21(b)/29 of the NDPS Act.

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The allegation as narrated in the FIR dated 23.06.2023 are that suspected heroin weighing 61.14 gms has been recovered from the possession of the accused applicants as well as another co-accused person. Accordingly, Dhing P.S. Case No. 100/2023 under Sections 21(b)/29 of the NDPS Act was registered against the accused applicant.

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The learned counsel for the accused applicants has submitted that chargesheet in the instant case has already been filed vide charge-sheet No. 132/2023 dated 31.08.2023. In view of the filing of the aforesaid charge-sheet, the learned counsel for the accused applicants submits that they should be allowed to appear before the learned Trial Court i.e., Special Judge, (NDPS) Nagaon and till their appearance before the Trial Court, they shall be given some interim protection.

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The learned Additional Public Prosecutor for the respondent State has submitted that though the Trial Court Records has been received, Case Diary is not received in the instant case and therefore, he is not prepared to submit on the involvement of the accused applicants in the registered case.

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This Court has gone through the Trial Court Records and has heard the submissions made on behalf of the counsels appearing for the respective

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parties. After taking into consideration the materials available on record, the Court is of the opinion that the accused applicants should be allowed to go on interim bail so that they can appear before the Trial Court for regular trial.

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Accordingly, in the event of arrest of the accused applicants by the Arresting Authority, the accused applicants shall be released on furnishing bail bonds of Rs. 20,000/- each with surety of like nature to the satisfaction of the Special Judge, (NDPS) Nagaon, subject to the conditions that:-

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(i) The accused applicants shall appear before

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the Trial Court within a period of 10 (ten) days of passing of this order,

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(ii) The accused applicants shall co-operate with the trial and appear before the Trial Court as and when required, and

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(iii) The accused applicants shall not indulge in any such activities in the future.

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