Gauhati High Court
Bail Appln./2339/2026 of FIRJUL ISLAM Vs THE STATE OF ASSAM on 10 September 2026
GAHC010172042026 2026:GAU-AS:13262 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2339/2026 FIRJUL ISLAM S/O ABDUL HAI, R/O VILL BHAKATGAON, NARAMARI, PS NAGAON, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE
GAHC010172042026
2026:GAU-AS:13262
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2339/2026
FIRJUL ISLAM
S/O ABDUL HAI, R/O VILL BHAKATGAON, NARAMARI, PS NAGAON, DIST
NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM
TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. A TARAFDAR,MD A
RAHMAN,SAMIM RAHMAN,MR. SURAJIT DAS
Advocate for the Respondent : PP, ASSAM, B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
11.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Prosecutor for the State.
2. This is an application filed under Section 483 of the BNSS, 2023 seeking bail for the accused/petitioner, namely, Firijul Islam, who was arrested on 08.05.2026 in connection with Nagaon P.S. Case No. 269/2024, under Sections 120-B/328, Indian Penal Code, 1860, r/w Sections 21(c)/29 of the NDPS Act, 1985.
3. This case arises out of an ejahar lodged by WSIManisha Das of Nagaon P.S. stating therein that at about 8:10 a.m. of 29.03.2024 credible information was received by O/C of Nagaon P.S. regarding transportation of huge quantity of narcotic drugs by one Hira Khan of Goroimari, Shahjahan Ali of Bhakat Gaon, Mofidul Islam of Bhakat Gaon and Firujul Hoque of Bhakat Gaon. It is stated in the ejahar that as per the information the above named persons brought those contraband substances from Manipur to Nagaon by using a black color Hyundai Sentro car bearing registration No. AS 01 AH 4226, which was driven by Mofidul Islam. On the basis of that secret information, WSI Manisha Das was directed to conduct surprise Naka-check at a suitable place to intercept the vehicle and to apprehend the drugs.
4. Acting on the aforesaid information, the vehicle was detected, but its occupants fled, and a subsequent search of the vehicle led to the recovery of 1.947 kg of suspected heroin. About two years later, the present petitioner was arrested on 08.05.2026; however, no material leading to his arrest has been mentioned in the forwarding report.
5. A perusal of the notice under Section 47 of the BNSS does not reveal any grounds of arrest, but rather only the reasons therefor.
6. A perusal of the case diary reveals that there is only a GD entry dated 29.03.2024 mentioning the name of the present petitioner as one of the transporters of the contraband substance. Other than that, there appears to be no material against the petitioner.
7. Needless to say, mere information cannot constitute sufficient material, much less evidence, warranting the detention of the petitioner.
8. The learned Additional Public Prosecutor objects to the prayer for bail on the grounds under Section 37 of the NDPS Act, as the matter relates to a commercial quantity.
9. In view of the above, there is reason to believe that the petitioner may not be guilty of the alleged offence of transporting a commercial quantity of heroin, and there appears to be no material on record to suggest that he would commit an offence of a similar nature if released on bail.
10. Accordingly, the prayer for bail is allowed.
11. It is directed that in connection with the aforesaid case, the petitioner is allowed to go on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount, to the satisfaction of the learned Addl. District & Sessions Judge No. 1, Nagaon.
12. The bail petition stands allowed and disposed of. JUDGE Comparing Assistant