Anticipatory bail application under Section 482 BNSS by a person apprehending arrest in Noonmati P.S. Case under Section 20(b)(ii)B NDPS Act. Recovery was alleged from a bathroom of his residence and investigation remained incomplete due to non-cooperation. The court declined bail and rejected the prayer.
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GAHC010036982026
2026:GAU-AS:3479
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/237/2026
JAYANTA MAZUMDAR S/O LT. GANESH MAZUMDAR PRESENTLY RESIDING AT JONAKI NAGAR 2 NO MATHGHARIA
GUWAHATI 20 UNDER NOONMATI POLICE STATION IN THE DIST. OF KAMRUP M
ASSAM.
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP ASSAM.
-----------Advocate for : MR P CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM
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BEFORE
HON’BLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
09-03-2026
Heard Mr. P. Choudhury, learned counsel for the petitioners and Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam.
2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Sri Jayanta Mazumdar who is apprehending arrest in connection with Noonmati P.S. Case No. 06/2026 registered under Sections 20(b)(ii)B of the NDPS Act.
3. Learned counsel for the petitioner has submitted that the other co-accused who were taken into custody were not sought for police custody, even on their arrest and today by an order passed in BA No. 534/2026, they have been granted bail. Accordingly, he prayed that the present petitioner may also be granted pre-arrest bail.
4. The learned APP has submitted that because of the non cooperation of the present petitioner, the investigation could not be completed within the stipulated period.
5. The learned APP has submitted that the recovery was made from the bathroom of the house, wherein allegedly the present petitioner was residing. The learned counsel for the petitioner has objected to the same.
6. However, in the facts and circumstances, this Court is of the opinion that the petitioner cannot be granted pre-arrest bail.
7. Accordingly, the prayer for pre-arrest bail of the petitioner, namely, Sri
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Jayanta Mazumdar in connection with Noonmati P.S. Case No. 06/2026 registered under Sections 20(b)(ii)B of the NDPS Act stands rejected at this stage.
8. This pre-arrest bail application accordingly stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner apprehending arrest in an NDPS case where recovery was allegedly from a house he resided in.
2 provisions across 2 enactments
Jayanta Mazumdar
State of Assam
Rajesh Mazumdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
