Habibar Rahman v. the State of Assam

Gauhati HC5 Mar 2025Bail Appln./484/2025

Case brief

AI extract

What is this about?

Default bail; Section 483 BNSS 2023; Section 21(b) NDPS Act 1985; 23.51 grams suspected Heroin; Howly Police Station Case No. 01/2025; District Baksa, Assam; statutory/mandatory period 60 days in custody; charge-sheet not filed pending FSL report; bail bond Rs. 75,000 with two local sureties; Special Judge (NDPS) Barpeta; passport surrender by 13.03.2025; automatic vacatur on violation; Gauhati High Court; Justice Manash Ranjan Pathak; 06.03.2025; Habibar Rahman v. State of Assam.

What did the court decide?

Default bail granted to Habibar Rahman in Howly P.S. Case No. 01/2025 on furnishing a bail bond of Rs. 75,000/- with two local sureties of like amount, to the satisfaction of the learned Special Judge (NDPS), Barpeta, subject to six enumerated conditions; violation of any condition automatically vacates the bail. ¶¶33

Habibar Rahman 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 the petitioner, having completed the statutory/mandatory period of 60 days in custody in Howly P.S. Case No. 01/2025 while the charge-sheet remained unfiled pending the FSL report, is entitled to default bail.

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Court's answer

Having completed the statutory/mandatory period of 60 days in custody in Howly P.S. Case No. 01/2025, with the charge-sheet unfiled pending receipt of the FSL report, the petitioner is entitled to default bail in that case.

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Ratio / Principle

Default bail granted to the petitioner in Howly P.S. Case No. 01/2025 on furnishing a bail bond of Rs. 75,000/- with two local sureties of like amount, to the satisfaction of the learned Special Judge (NDPS), Barpeta, subject to the enumerated conditions (appearance before the Investigating Officer as required; surrender of passport, if any, on or before 13.03.2025; no departure from the territorial jurisdiction of the Special Judge (NDPS), Barpeta without prior written permission; no hampering of investigation or tampering with evidence; no inducement, threat or promise to dissuade disclosure; no indulgence in criminal activities involving NDPS items).

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Key takeaways

Violation of any of the aforesaid bail terms and conditions by the petitioner shall result in the bail granted to him in Howly P.S. Case No. 01/2025 standing automatically vacated.ratio¶¶32

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Manash Ranjan Pathak), Order dated 06.03.2025 in Bail Appln./484/2025 (Habibar Rahman v. The State of Assam): Allowed. Petitioner, arrested on 05.01.2025 in Howly Police Station Case No. 01/2025 (registered under Section 21(b) of the NDPS Act, 1985) over recovery of 23.51 grams of suspected Heroin from his conscious possession at Howly town, applied under Section 483 BNSS, 2023. As the charge-sheet could not be filed because the FSL report was yet to be received, and the petitioner had completed the statutory/mandatory period of 60 days in custody, he was held entitled to default bail. Default bail granted on a bail bond of Rs. 75,000/- with two local sureties of like amount, to the satisfaction of the learned Special Judge (NDPS), Barpeta, subject to conditions including appearance before the Investigating Officer as required, surrender of passport (if any) on or before 13.03.2025, no departure from the Special Judge's territorial jurisdiction without prior written permission, no hampering of investigation or tampering with evidence, no inducement/threat/promise to persons acquainted with the facts, and no involvement in NDPS-related criminal activities; violation of any condition automatically vacates the bail.

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GAHC010036642025

2025:GAU-AS:2403

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

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Case No. : Bail Appln./484/2025

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HABIBAR RAHMAN

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S/O- OWAHAJ UDDIN, R/O- VILL- KAURPARA, PS GOBARDHANA, DISTBAKSA, ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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06.03.2025

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Heard Mr. N. Ahmed, learned counsel for the petitioner as well as Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State.

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2) The petitioner, namely, Habibar Rahman, son of Owahaj Uddin, resident of villageKaurpara, Police Station-Gobardhana, District-Baksa has filed this application under Section 483 BNSS, 2023 praying for his bail in Howly Police Station Case No. 01/2025 , registered under

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Section 21(b) of the NDPS Act, 1985, in which, the petitioner was arrested on 05.01.2025 and is in custody since then.

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3) Matter relates to recovery of 23.51 grams of suspected Heroin from the conscious possession of the petitioner on 05.01.2025, while conducting a search at Howly town, falling under the jurisdiction of Howly Police Station.

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4) On being enquired, Mr. B. Sharma, learned Additional Public Prosecutor, Assam has submitted that FSL report is yet to be received, for which charge-sheet in said Howly P.S. Case No. 01/2025 could not be filed.

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5) The petitioner, as on today, has completed the statutory/mandatory period of 60 (sixty) days in custody in said Howly P.S. Case No. 01/2025.

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6) In view of the above, the petitioner is entitled for his default bail in said Howly P.S. Case No. 01/2025.

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7) Accordingly, the petitioner, namely, Habibar Rahman, son of Owahaj Uddin is granted default bail in said Howly P.S. Case No. 01/2025 on furnishing a bail bond of Rs. 75,000/- with two local sureties, each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Barpeta subject to the conditions that the petitioner —

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i) shall appear before the concerned Investigating Officer of said Howly P.S. Case No. 01/2025, as and when he is required for necessary investigation of the case;

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ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Barpeta on or before 13.03.2025, obtaining necessary acknowledgment in that regard from the said authority;

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iii) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Barpeta without obtaining prior written permission from the said authority;

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iv) shall not hamper with the investigation, or tamper with the evidence of the case;

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v) 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 them from

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disclosing such facts to the Court or to any police officer and

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vi) shall not indulge himself in any such criminal activities including possession or procurement, transportation and selling of any such NDPS items

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8) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Habibar Rahman, son of Owahaj Uddin, the bail granted to him in said Howly P.S. Case No. 01/2025 shall stand automatically vacated.

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9) This bail application stands allowed to the extent above.

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JUDGE

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Comparing Assistant

Habibar Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Habibar Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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