Gauhati High Court
Bail Appln./2520/2026 of SRI MASTER HAMBROM AND 7 ORS. Vs THE STATE OF ASSAM on 30 August 2026
GAHC010186882026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2520/2026 SRI MASTER HAMBROM AND 7 ORS. S/O-LT. THAKUR HEMBROM 2: SRI DIBILAL HASDA S/O- LT. MANGAL HASDA PETITIONER NOS. 1 AND 2 ARE R/O VILL- NAYA GAON P.S.-
GAHC010186882026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2520/2026
SRI MASTER HAMBROM AND 7 ORS.
S/O-LT. THAKUR HEMBROM
2: SRI DIBILAL HASDA
S/O- LT. MANGAL HASDA
PETITIONER NOS. 1 AND 2 ARE R/O VILL- NAYA GAON
P.S.- GOSSAIGAON
DIST.- KOKRAJHAR
ASSAM
3: MD MAKKA SEIKH
S/O- MD. SAHJALAL SEIKH
4: MD ABBAS ALI SEIKH ALIAS ABBAS ALI SK
S/O- MD. NAJAR ALI SEIKH
5: MD NURUDDIN SEIKH ALIAS NURUIT SK
S/O- MD. NAJAR ALI SEIKH
PETITIONER NOS. 3
4 AND 5 ARE R/O VILL- BORJAN PT. I
P.S.- TAMARHAT
DIST.- DHUBRI
ASSAM.
6: MD KHAIRUL ALAM ISLAM ALIAS KHAIRUL ALAM
S/O- MD. MUZAFAR ALI
7: MD NUR JAMAL SAIKH NURJAMAL SK
S/O- LT. BILAL HUSSAIN
8: MD BOKTAR HUSSAIN
S/O- LT. IBRAHIM ALI
PETITIONER NOS. 6
7 AND 8 ARE R/O VILL- NO.1 BHUMURA BILL
P.S.- GOSSAIGAON
DIST.- KOKRAJHAR
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MR. M I HUSSAIN, MUSTAFIZUR RAHMAN,R KHA,M
AHMED,MS. P AHMED
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 31.08.2026 Heard Mr. M. I. Hussain, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioners, namely, 1. SriMaster Hambrom, 2. Sri Dibilal Hasda, 3. Md. Makka Seikh, 4. Md. Abbas Ali Seikh @ Abbas Ali SK, 5. Md. Nuruddin Seikh @ Nuruit Sk, 6. Md. Khairul Alam Islam @ Khairul Alam, 7. Md. Nur Jamal Saikh Nurjamal Sk and 8. Md. Boktar Hussain, have prayed for releasing the on bail after they were arrested on 30.06.2026 in connection with Simaluguri Police Station Case No. 22/2026 registered under Section 20(b) (ii)
(B) of the NDPS Act, 1985.
3. The FIR in connection with which the petitioners have been arrested was lodged on 30.06.2026 by the complainant, Bidyut Bikas Baruah, SI of Simaluguri Police Station, District-Sivasagar, Assam, stating, inter alia, that the O/C, Simaluguri P.S., received information to the effect that some persons from Kokrajhar had brought Ganja by train and got down at Simaluguri Railway Station, and were proceeding towards Santak by e-rickshaw via Luthuri Gaon. Thereafter, the I/O, along with his staff, set up a naka checking at about 12:30 a.m. and intercepted two e-rickshaws bearing Registration Nos. AS-04-ER/6470 and AS-04-ER/3424. Two packets of suspected Ganja were recovered from the said e-rickshaws, containing 800 grams and 282 grams, respectively, each packet being wrapped in white-coloured paper. Thereafter, the said suspected Ganja was seized at about 3:30 a.m. on 30.06.2026.
4. It is submitted that, as per the seizure list, the petitioners were arrested on 30.06.2026 at 3:30 p.m. and were forwarded to the Court of the learned Sub-Divisional Judicial Magistrate (M), Nazira on 01.07.2026 at 1:00 p.m., which is beyond 24 hours from the time of their detention. Such detention beyond the period of 24 hours is in violation of Article 22 of the Constitution of India and, therefore, entitles the petitioners to bail.
5. Perusal of the aforesaid seizure list and the forwarding report substantiates the submission made by the learned counsel for the petitioners.
6. Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam did not dispute the same.
7. Having regard to the material available on record and that the petitioners have been spent 63 days behind the bar, I am of the view that the petitioners should be released on bail. Accordingly, the prayer for bail is allowed. The petitioners shall be released on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) only each with two sureties each, of the like amount, to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with Simaluguri Police Station Case No. 22/2026 registered under Section 20(b) (ii) (B) of the NDPS Act, 1985.
8. It is further provided that the petitioners shall regularly participate in the trial and shall not try to tamper with the remaining witnesses.
9. Accordingly, the bail application stands disposed of.
JUDGE Comparing Assistant