ORDER

13-12-2024 Heard Mr. B Islam, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State.

2. By this application filed under Section 482 BNSS, 2023, the petitioner, namely, Echak Ali, son late Sangsher Ali, resident of village-Kapoujari, P.S.-Mayong, District-Morigaon, apprehending his arrest, is seeking pre-arrest bail in Mayong Police Station Case No. 99/2024 registered under Sections 20(b)(ii)B of the NDPS Act, corresponding to G.R. No.

1180/2024.

3. As per the FIR of the case dated 19.09.2024 lodged before the Officer-in-Charge of Mayong Police Station, the case is that local people in the Khotubori PWD road apprehended a person with his motorcycle carrying suspected Ganja and accordingly informed the police of Mayong Police Station. As police personnel reached the place of incident, people gathered in the site and the accused person somehow managed to flee away from the scene. Police accordingly recovered a Glamour motorcycle bearing Registration No. AS-21-L-5356 and a plastic bag consisting of suspected Ganja weighing 5.314 Kgs. In the FIR it was indicated that the villagers saw the petitioner coming out from the house of one Mohor Ali and that the petitioner was driving the said motorcycle, who fled away from the scene by throwing the plastic bag in the road.

4. Accordingly, the said FIR dated 19.09.2024 was registered as Mayong Police Station Case No. 99/2024 under Sections 20(b)(ii)B of the NDPS Act, corresponding to G.R. No.

1180/2024.

5. Perused the case diary placed before the Court today by Mr. B Sarma, learned Additional Public Prosecutor, Assam.

6. On perusal of the case diary, it is seen that there are eye witnesses to the incident who found it is the petitioner who was driving the said motorcycle carrying the suspected Ganja, who fled away from the scene. It is also seen from the case diary that in the meanwhile another accused person involved in the case was taken into custody, who also implicated the petitioner with regard to his involvement in the alleged crime.

7. Finding sufficient incriminating materials in the case diary regarding the involvement of the petitioner in the alleged crime, this Court is not inclined to grant pre-arrest bail to the petitioner, namely, Echak Ali, son late Sangsher Ali, in said Mayong Police Station Case No.

99/2024.

8. Accordingly, this pre-arrest bail of the petitioner, named above, stands rejected.

9. Return the case diary herewith.

JUDGE Comparing Assistant Order downloaded on 03-02-2025 07:49:26 PM