Gauhati High Court
AB/737/2026 of MAJIDA KHATUN Vs THE STATE OF ASSAM on 26 April 2026
GAHC010070072026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/737/2026 MAJIDA KHATUN W/O LATE SAFIKUL ISLAM R/O BORBORI, P.O.LAHARIGHAT P.S. LAHARIGHAT DIST. MORIGAON, ASSAM PIN-782127 VERSUS THE STATE OF ASSAM REPRESENTED BY THE
GAHC010070072026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/737/2026
MAJIDA KHATUN
W/O LATE SAFIKUL ISLAM
R/O BORBORI, P.O.LAHARIGHAT
P.S. LAHARIGHAT
DIST. MORIGAON, ASSAM
PIN-782127
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. M ALI, MD. ANARUL ISLAM,MR J FIRDAUS
Advocate for the Respondent : PP, ASSAM, B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
27.04.2026 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.
2. This an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner.
3. The brief facts of the case is that on 11.01.2026, SI(UB)Kalpajit Chetia of Laharighat P.S. lodged an ejahar before O/C of the P.S. alleging inter alia that based upon a secret information from reliable source that a large quantity of suspected heroine is kept concealed by one Mojida Khatun in her dwelling house located at Borbori, the informant along with staff proceeded to the spot after following due procedure of law. On reaching the spot they approached some independent witnesses to witness the search. On noticing the police team, Mojida Khatun fled away from her house. Raid was conducted in the house of Mojida Khatun and during search total 43 nos. of small plastic containers containing suspected heroine and 15 nos. of empty small plastic container was recovered. The same were weighted and seized. The weight of the suspected contrabands was found to be 8.1 gms. During search one person namely Anarul Islam was found at the spot and the police team could learn that he works with Majida Khatun and he was apprehended. After completion of all formalities the police team departed from the spot along with the seized items and apprehend accused.
4. It is submitted on behalf of the petitioner that the petitioner is a widow and after expiry of her husband on 29.01.2026, she is now the only person looking after her minor children and there is no other male member in the family to look after them.
5. An earlier bail application on behalf of the present petitioner before the learned Special Judge, Morigaon was rejected vide Order dated 05.03.2026, wherein it was observed upon perusal of the Case Diary that another case was registered against the present petitioner regarding the similar offense, where from presumption can be withdrawn that the petitioner is a habitual offender.
6. The learned Addl. Public Prosecutor with reference to the Case Diary also submits that the petitioner is a veteran drug peddler in the locality.
7. Having considered the above as well as the fact the contraband heroin, though of an intermediate quantity, was recovered from the house of the petitioner, the present is not a fit case for grant of pre-arrest bail.
8. Accordingly, the prayer stands rejected.
9. Petition stands dismissed. JUDGE Comparing Assistant