Page No.# 1/3 GAHC010145182026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./1935/2026 RABIUL HUSSAIN S/O- HIKMAT ALI KHAN RESIDENT OF VILLAGE MOUKHARI POLICE STATION BARPETA DISTRICT- BARPETA ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. R ALI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16.09.2026 Heard Mr. R. Ali, learned counsel for the petitioner. Also heard the learned Page No.# 2/3 Additional Public Prosecutor appearing for the State. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Rabiul Hussain, has prayed for granting them bail after he was arrested on 09.06.2026 in connection with Barpeta P.S. Case No.170/2026 under Sections 21(b)/22(C)/25/29 of NDPS Act. 3. It is submitted on behalf of the petitioner that the petitioner was not present at the time of recovery and all the arrested accused namely Safikul was present at that time and hence no recovery can be said to have been made from the conscious possession of the petitioner. 4. The learned Additional Public Prosecutor further submits that it is apparent from the FIR and other materials on record that the recovery was made from the bed room of the petitioner where the contraband was kept concealed and the absence of the petitioner would make no difference, more so, as the recovery was so made in the presence of the independent witnesses. 5. It is further submitted that from the aforesaid materials, it also transpires that upon arrival of the police, the petitioner fled from his house, because of which, he could not be apprehended at that time. 6. Having considered the aforesaid submissions and consideration of the materials on record and in view of the fact that commercial quantity of Page No.# 3/3 contraband was recovered from the bed room of the petitioner, the bar of Section 37 of NDPS Act is squarely attracted and the same has not been overcome in the facts and circumstance of the present case. 7. Considering the same, the prayer for bail stands rejected at this stage. Bail application stands dismissed. JUDGE Comparing Assistant