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2024 Supreme(Online)(GAU) 4255

HIGH COURT OF GAUHATI
HONOURABLE MRS. JUSTICE MALASRI NANDI
HAMIDA BIBI – Appellant
Versus
THE STATE OF ASSAM – Respondent


ORDER

Date : 08.08.2024 Heard Mr. B.K.Mahajan, learned counsel for the petitioner and Mr.

D.P.Goswami, learned Addl.P.P. for the State respondent.

By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioner, namely, Hamida Bibi has prayed for grant of bail in connection with Garchuk P.S. Case No.199/2024 under Sections 303(2)/317(2) of Bharatiya Nyaya Sanhita (BNS) r/w Sections

21(b)/27/29/20(b)(ii)(B)/22(a) of NDPS Act.

The learned counsel for the petitioner submits that suspected heroin was recovered from the pocket of the T.Shirt of the prime accused, namely, Zulfikar Ali Bhutto who is a drug addict. The other contraband item i.e. 1.733 kg of suspected cannabis was recovered from the house of the petitioner which falls in the intermediate quantity under the NDPS Act. The petitioner is an old lady, aged about 70 years having some age old decease. The petitioner has been languishing in judicial custody for last 37 days and considering the length of detention and her old age, petitioner may be enlarged on bail.

The learned Addl.P.P. has produced the case diary without the FSL report and submits that substantial part of investigation i

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