JAHIR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. L. Banik, learned Counsel appearing for the accused-applicant. Also heard Mr. K.K Parasar, learned Addl. Public Prosecutor appearing for the State respondent.

(2.) This is an application under Sec. 483 BNSS, 2023, has been filed by the Accused Applicant, namely, Jahir Islam, praying for grant of bail in connection with Rangia P.S. Case No. 278/2025, under Ss. 17(C)/29 of the NDPS Act, 1985.

(3.) The prosecution case is inter alia that one W.S.I. Jitumani Rabha of Rangia Police Station has lodged an FIR before Rangia P.S. alleging that they receipt a credible information that a huge consignment of narcotics (Opium) had been received from Manipur by some narcotics dealers, namely, Aitul Ali and his brother, Mamtul Ali @ Mantul Ali and the aforesaid narcotics had been stocked in their house; that based on the input, a raid was carried out in the house of Aitul Ali and his brother Mamtul Ali, @ Mantul Ali at village Udiana, Balagaon, P.S.-Rangia and recovered 86 kgs (without cover) of Opium valued at Rs.5.00 Crores and 16 lakhs in open market which had been packed in 45 nos. of packets; that getting suspicious of presence of some police, Aitul Ali and his brother Mamtul Ali @ Mantul Ali fled away from the house; that Jarina Begum, wife of the Mamtul Ali @ Mantul Ali, who is also a partner in the narcotics trade, was stopped from fleeing away; that along with Jarina Begum, some other persons, including the Accused Applicant were also present in the house, who were in the process of opening the Opium packets and weighing them, and thereafter, to deliver the same to other places, were also apprehended; that Rs.25,25,400.00 in cash along with the aforesaid Opium were also recovered from the house; that the aforesaid Aitul Ali and Mamtul Ali, along with their wives and other family members, had been engaged in narcotics trade for a long time; that from the narcotics trade, they have accumulated huge assets in terms of lands, houses, luxury cars and invested in various business ventures; that the accused persons do not have any other known source of legitimate income; and that Aitul Ali and Mamtul Ali have a number of NDPS Act cases pending against them.