Javed Ali Vs the State of Assam

This is an application under Section 483 of the BNSS, 2023 for granting regular bail to the petitioner in connection with Special NDPS Case No. 59/2025 arising out of Dhekiajuli PS Case No. 218/2025 under Section 20(b)(ii)(C) of NDPS Act.

¶18

That one WSI Bablee Khanikar, I/C Rakshasmari, as first informant lodge an FIR with Officer-In-charge of Dhekiajuli Police Station alleging inter alia that on the receipt of secret information from a reliable source at around 7:40 PM on 02.08.2025 that the petitioner who hails from Amtol Bangali Gaon is engaged in selling suspected Ganja from his house since long and the sources also reveal that a large quantity of Ganja had been kept concealed in his house. Accordingly, a G.D.E. entry was made at Rakshasmari, O.P. vide G.D.E. No. 33, dated 02.08.2025 and then she informed superior officers via phone and she along with her accompanied stuff proceeded to Amtol Bangali Gaon. After arrival at Amtol Bangali Gaon she informed the Gaon Pradhan of that area and asked him to accompany to search the house of the petitioner. Accordingly, the Gaon Pradhan along with two other villagers accompanied the police team and they were explained the purpose of search, but by the time police team arrived at the house of the petitioner he managed to flee from the back door of his house. So the police party along with the gaon pradhan and other independent witnesses searched the house of the petitioner and during proper search of the petitioners house they were able to recover 8 (eight) numbers of plastic bags having suspected Ganja from different rooms of his house. Accordingly, the plastic bags containing suspected ganja were weighed with digital weighting machine belonging to Rakshasmari, O.P and weighed the same in presence of available the witnesses at the P.O. The net weight of the suspected ganja were

¶19

Page No.# 3/4

¶20

41,048 kgs with plastic bags. After completion of all the formalities the informant and all the police team and the seized item returned to O.P. kept the seized item in O.P. malkhana and then she lodged the F.I.R. at Dhekiajuli Police Station. The office in charge of Dhekiajuli Police Station registered the case under Dhekiajuli P.S. Case No. 218/25 u/s 20(b)(ii)(C) of NDPS Act and entrusted the case to S.I. Cheniram Mondol to investigate the case.

¶21

Learned counsel for the petitioner has submitted that the trial has already commenced and three of the independent seizure witnesses have been examined. Learned counsel has placed before the Court the copies of the deposition of the aforesaid three independent witnesses wherefrom it appears that they have not supported the prosecution case. It is also further submitted that the petitioner was not present in his house at the time of recovery.

¶22

On the other hand, learned Additional Public Prosecutor submits that there are other witnesses including police witnesses who will be able to prove the case against the petitioner and that the Apex Court has held that the evidence of official witnesses/police witnesses cannot be discarded merely because they are police personnel and their evidence can be relied upon if they inspire confidence.

¶23

It is further submitted by the learned Additional Public Prosecutor that the petitioner had fled from the house upon arrival of the police.

¶24

Having perused the material on record and having regard to the aforesaid submissions, it cannot be said at this stage that there is reasonable ground to

¶25

Page No.# 4/4

¶26

believe that the petitioner is not guilty of the offence of possession of commercial quantity of Ganja.

¶27