Disposed

Kamrul Islam and Anr. v. the State of Assam

Gauhati HC15 Mar 2026Bail Appln./501/2026

Case brief

AI extract

What is this about?

Petitioners in custody 68 days in an NDPS case involving recovery of 721 grams of opium, an intermediate quantity, so Section 17(d) applied instead of Section 17(c). The court granted bail on a bond of Rs. 30,000 each with two sureties, subject to cooperation and non-tampering conditions.

What did the court decide?

Petitioners released on bail on bond of Rs. 30,000 each with two sureties (one government servant), subject to stated conditions.

Kamrul Islam and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

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GAHC010028712026

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

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Case No. : Bail Appln./501/2026

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KAMRUL ISLAM AND ANR

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S/O LATE TAYAB ALI, R/O VILL. PACHIM SAHARI, P.S. RANGIA, DIST. KAMRUP, ASSAM.

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2: WAFILAR RAHMAN S/O JAMIR ALI R/O VILL- PITAMBAR HATBAJALI P.S. RANGIA DIST. KAMRUP ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM.

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Advocate for the Petitioner : MR S H SIKDAR, P MUTTAKIN,MR. A DEKA,MS N J BEGUM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

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16.03.2026

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Heard Mr. S.H. Sikdar, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned APP for the State.

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This application has been filed under Section 483 of the BNSS, 2023, praying for grant of bail to the petitioners, namely, Kamrul Islam and Wafilar Rahman, who are in custody in connection with Rangia P.S. Case No. 12/2026 under Sections 17(c)/25/29 of the NDPS Act.

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The learned APP has opposed the grant of bail at this stage and has requested that the FSL report be called for. He has submitted that the investigation is pending.

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The petitioners have been in custody for 68 days, and while the FIR invokes the provisions of Section 17(c) of the NDPS Act, the recovery made is 721 grams of opium, which is an intermediate quantity.

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In such circumstances, the provisions of Section 17(d) would be applicable instead of Section 17(c). The learned counsel for the petitioners submits that the petitioners are addicted persons. Having considered the submissions made, the Court is of the opinion that the petitioners can be granted the privilege of bail in connection with Rangia P.S. Case No. 12/2026. Accordingly, they shall be released on bail, upon furnishing a bail bond of Rs. 30,000/- each with two sureties of like amount, one of whom shall be a government servant, to the satisfaction of the jurisdictional court, subject to the following conditions :-

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(i) That the petitioners shall cooperate in the investigation and shall appear before the I.O. and the Court as and when required;

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(ii) That the petitioners shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts from the trial pending against the petitioners;

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(iii) That the petitioners shall provide their contact details including photocopies of their Aadhar Card or Driving License or PAN Card, mobile number, and other contact details before the learned Trial Court, if the same are not seized by the concerned investigating officials;

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(iv)That the petitioners shall not misuse their liberty by indulging in any illegal activities including any activities of peddling Narcotics Drugs;

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(v)The learned Jurisdictional Court shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioners in the trial; and

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(vi)The Investigating Authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail.

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Bail Application is disposed of.

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JUDGE

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Comparing Assistant

Kamrul Islam and Anr. v. the State of Assam

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Kamrul Islam and Anr. v. the State of Assam

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