Gauhati High Court
AB/1842/2026 of SABIYA BIBI, Vs THE STATE OF ASSAM on 27 August 2026
GAHC010165202026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1842/2026 SABIYA BIBI, W/O LATE FUL MIAH,R/O KALAMKHET,P.S. SONAMURA, DIST. SEPAHIJALA, TRIPURA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the
GAHC010165202026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1842/2026
SABIYA BIBI,
W/O LATE FUL MIAH,R/O KALAMKHET,P.S. SONAMURA, DIST.
SEPAHIJALA, TRIPURA.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE RAJESH MAZUMDAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
Date : 28.08.2026 Heard Mr. I. U. Choudhury, learned counsel for the petitioner and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam, appearing for the state respondent.
2. This is an application under Section 482 of the BNSS, 2023, seeking pre- arrest bail to the petitioner, who is apprehending arrest in connection with Special (NDPS) Case No. 64/2024, arising out of Badarpur P.S. Case
No. 169/2024) registered under Sections 22(C)/ 25/ 29 of the NDPS Act, pending before the learned Special Judge, Sribhumi.
3. The learned counsel for the petitioner has submitted that the petitioner, who is aged about 67 years has been entangled with this trial only on the ground that her vehicle had been found in the possession of her son, who was allegedly involved in the business of contraband.
4. The learned counsel for the petitioner has submitted that the petitioner being the owner of the vehicle is not involved in the business of contraband. He has further submitted that other co-accused i.e. her son and two other accused persons have been granted regular bail by the Court. However, due to old age of the petitioner she is apprehended that on her appearance before the trial court she may be taken into custody and accordingly, he prays for pre-arrest bail may be granted to the petitioner.
5. Having regard to the fact that the petitioner is aged about 67 years old lady and she will enter appearance before the learned trial court in the trial proceeding through her learned counsel and having regard to fact that she has been entangled with the case only on the ground that her vehicle was found in the possession of her son, who was allegedly involved with the alleged business of contraband, I am of the view that rigours of Section 57 of the NDPS Act has not been attracted in the present proceeding to the extent that prima facie the petitioner may not be entangled with the trial proceeding.
6. The learned Addl. PP has submitted that the case is culminated with the trial proceeding and prayer for bail may not be fulfilled the purpose in the present case and bail may not be granted to the petitioner at this stage.
7. There is no material against the petitioner, except her vehicle was registered in her own name and the same was found in the possession of her son and there is no earlier involvement of the petitioner in any such similar offences, I am of the view that the petitioner may be allowed to the privilege of pre-arrest bail. Accordingly, it is directed that the petitioner shall appear before the learned Trial Court on or before 10.09.2026 and on her appearance, the petitioner shall be released on bail on furnishing a bail bond Rs. 50,000/- (fifty thousand only) with two sureties of the like amount to the satisfaction of the learned Trial Court.
8. It is provided that the petitioner shall appear before the learned trial Court and participate in the trial proceeding as and when summons are received.
9. The bail application is disposed of.
JUDGE Comparing Assistant