Gauhati High Court
Mofidul Hashem vs The State Of Assam on 9 July, 2026
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
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GAHC010132142026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1755/2026
MOFIDUL HASHEM
SON OF LATE REZAUL HASHEM, RESIDENT OF VILLAGE
MORIMUSLIMGAON, MORIGAON, PS MORIGAON, DISTRICT MORIGAON,
ASSAM, PIN CODE 782105
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. S K NARGIS, MS N SULTANA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 09.07.2026
Heard Ms. S.K. Nargis, learned counsel for the petitioner as well as Mr. B.
Sharma, learned APP for the State.
2. Pursuant to order dated 26.06.2026, the case diary has been produced
by the learned APP.
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3. In Course of her submission, the learned counsel for the petitioner has
cited the case of State of West Bengal Vs. Rakesh Singh alias Rakesh Kumar
Singh, (2022) 19 SCC 306 and has submitted that whenever offence of Section
27 A of the NDPS Act is involved, rigours of Section 37 is not applicable.
However, it is noticed that a 3-Judge Bench the Supreme Court of India, in the
case of Satpal Singh Vs. State of Punjab, (2018) 13 SCC 813, took note of
offences under Section 19, 24 and 27 A of the NDPS Act as well as Section 37 of
the NDPS Act and had observed that the High Court could not pass order under
Section 438 or 439, Cr.P.C., without reference to Section 37 and without
entering a finding without required level of satisfaction.
4. Accordingly, the Court is inclined to give an opportunity to learned
counsel for the petitiotner to make her submissions.
5. List on 14.07.2026.
6. The learned APP shall retain the case diary till then.
JUDGE
Comparing Assistant
