Intaj Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

Intaj Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing a bail bond of Rs. 30,000/- with two local sureties of like amount to the satisfaction of the jurisdictional Court, subject to conditions (cooperation with investigation and appearance before the jurisdictional Court as and when called; no tampering with evidence or influencing of witnesses; no leaving the jurisdiction without permission; further conditions as the jurisdictional Court may impose). The Court recorded the application as disposed of with these observations and directions.

Issue for consideration

Whether the accused petitioner, Intaj Ali, arrested in connection with Hajo P.S. Case No. 442/2025 under Sections 21(b)/29 of the NDPS Act, 1985, should be granted bail under Section 483 of the BNSS, 2023, given his length of detention and the fact that the charge-sheet is pending for want of the FSL report.

Court's answer

Taking into account the length of the petitioner's detention and the small quantity of heroin allegedly recovered — which was not recovered from the petitioner — the Court found itself inclined to grant bail.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 30,000/- with two local sureties of like amount to the satisfaction of the jurisdictional Court, subject to conditions requiring cooperation with the investigation and appearance when called, non-tampering with evidence and non-influencing of witnesses, and no departure from the jurisdiction without the Court's permission, with liberty to the jurisdictional Court to impose further conditions.

Detailed headnote1 paragraphs

Bail — NDPS Act, 1985, Ss. 21(b)/29 — application under S. 483, BNSS, 2023 before the Gauhati High Court (Rajesh Mazumdar, J.), Bail Appln. No. 238/2026, order dated 06.03.2026. Accused Intaj Ali was arrested after an alleged recovery of 37 gm of heroin in Hajo P.S. Case No. 442/2025; the recovery was not effected from the petitioner and the charge-sheet remained unsubmitted for want of the FSL report. Considering the length of detention and the small quantity involved, the Court granted bail: release on a bail bond of Rs. 30,000/- with two local sureties of like amount, subject to conditions of cooperation/appearance, non-tampering with evidence and witnesses, and no travel outside jurisdiction without leave.

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GAHC010011432026

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

Case No. : Bail Appln./238/2026

INTAJ ALI S/O JOINUR ALI R/O VILL- KONWARPUR, P.S. HAJO DIST. KAMRUP, ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,R K SHARMA,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

Date : 06.03.2026

Heard Ms. T. Som, learned counsel for the petitioner. Also heard the learned Additional Public Prosecutor, Assam.

This application under Section 483 of the BNSS, 2023 has been filed for grant of bail to the accused petitioner namely Intaj Ali, in connection with Hajo P.S. Case No. 442/2025 under Sections 21(b)/29 of the NDPS Act, 1985.

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The alleged recovery in the matter is 37 gm of heroin. The petitioner has been arrested subsequent to the recovery. It is submitted by the learned Additional Public Prosecutor that charge-sheet could not be submitted because of non-receipt of FSL report in the matter.

Considering the length of detention and the quantity of heroine allegedly recovered, that too not from the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand only) with two local sureties of like amount to the satisfaction of the jurisdictional Court subject to the following conditions:-

(a) The petitioner shall cooperate with the investigation and appear before the jurisdictional Court as and when called for.

(b) The petitioner shall not tamper with the evidence or influence any of the witnesses.

(c) The petitioner shall not leave the jurisdiction of the jurisdictional Court without the permission of the said Court.

(d) The jurisdictional Court shall impose such other conditions as may be required to ascertain the presence of the petitioner as and when required.

With the above observation and direction, the bail application is disposed of.

JUDGE

Comparing Assistant