Gauhati High Court
Bail Appln./2148/2026 of HASEN ALI AND ANR Vs THE STATE OF ASSAM on 7 September 2026
GAHC010157282026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2148/2026 HASEN ALI AND ANR S/O LATE EYAR ALI, VILL- NALIR PATHAR, P.S.- SARTHEBARI, DIST.- BARPETA, ASSAM. 2: MAMONI KHATUN W/O HASEN ALI VILL- NALIR PATHAR P.S.-
GAHC010157282026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2148/2026
HASEN ALI AND ANR
S/O LATE EYAR ALI, VILL- NALIR PATHAR, P.S.- SARTHEBARI, DIST.- BARPETA, ASSAM.
2: MAMONI KHATUN
W/O HASEN ALI
VILL- NALIR PATHAR
P.S.- SARTHEBARI
DIST.- BARPETA
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 08.09.2026 Heard Mr. R. Ali, learned counsel for the petitioners and the learned Addl.
P.P. for the State respondent.
2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the petitioners in connection with Sarthebari P.S. Case No. 58/2026 registered under Sections 21(b)/ 27A/ 29 of the NDPS Act.
3. As per the allegations, 5.40 grams of suspected heroin was recovered from the house of the petitioners. They were arrested on 26/06/2026 and since then they have been detained in custody for a period of about 74 days.
4. The learned counsel for the petitioners submits that the petitioner No. 1 is an addict and it is for his own consumption that a small quantity of drugs were kept by him, whereas his wife, i.e. the petitioner No. 2 has no involvement about the procurement.
5. On the other hand, the learned Addl. P.P. submits that considering the large number of plastic containers recovered from the position of the accused are indicative of the fact that the petitioners are not consumers, but involved in the business of peddling of narcotic drugs, which is affecting various segments of the society adversely.
6. Upon perusal of the TCR, in view of the incriminating material and considering the larger implication of the alleged offense on society, the prayer for bail stands rejected at this stage.
7. Accordingly, the bail application stands dismissed.
JUDGE Comparing Assistant