Habijul Ali @ Md Babu Ali v. The State of Assam

ORDER Date : 05-01-2024

¶1Heard Ms. K. Malakar, learned counsel for the petitioner.

¶2The petitioner Habijul Ali @ Md. Babu Ali has filed this application under Section 438 Cr.PC, Page No.# 2/2 with prayer for pre-arrest bail, as he is apprehending arrest in connection with Diphu PS Case No. 105/2023 registered under Section 21(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

¶3It is submitted on behalf of the petitioner that the petitioner was allegedly apprehended with a small quantity of heroin. It is submitted that the petitioner is innocent.

¶4Heard Ms. B. Begum, learned Additional Public Prosecutor for the State of Assam.

¶5The learned Addl. PP has raised objection stating that there are incriminating materials in the Case Diary against the petitioner that he is a peddler.

¶6I have perused the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. At this juncture there is no justified ground to extend the privilege of anticipatory bail to the petitioner. The petition is rejected at this stage. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010287232023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4296/2023 HABIJUL ALI @ MD BABU ALI S/O SELIM UDDIN R/O VILL- PANBARI GAON P.S. DIPHU DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MS. K MALAKAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND