Page No.# 1/3 GAHC010145182026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1974/2026 SARBAT ALI AND ANR S/O LATE MUTALEB ALI,R/O VILLAGE PALHAJI, P.S. BARPETA,DISTRICT BARPETA, ASSAM 2: JACHEN ALI @ JACHAN ALI S/O SUBUR UDDIN R/O VILLAGE BHERALDI P.S. BARPETA DISTRICT BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. I A HAZARIKA, MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16.09.2026 Heard Mr. I.A. Hazarika, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the State. Page No.# 2/3 This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioners, namely, 1. Sarbat Ali & 2. Jachen Ali @ Jachan Ali, have prayed for granting them bail after they were arrested on 22.05.2026 in connection with Barpeta P.S. Case No.170/2026 under Sections 21(b)/22(C)/25/29 of NDPS Act. It is submitted that the informant of the case one SI(P) Bijit Roy, of Barpeta PS has lodge an FIR before the Barpeta P.S alleging inter alia that on the basis of a secret information regarding transportation of contraband substances, the police conducted a search operation at the residence of the accused Rabiul Hussain at village Moukhari under Barpeta P.S. During search, the police allegedly seized suspected heroine contraband in two soap boxes weighing about 29.81 grams and suspected 1974 Yaba Tablets weighing about 198.45 grams packed in ten blue packets from a black carry bag kept under an almirah in the bedroom. On receipt of the FIR police registered a case and started investigation. It is submitted on behalf of the petitioners that the present petitioners have been arrested only on the basis of the statement of the co-accused Safikul Islam and nothing was recovered from his possession. The learned Additional Public Prosecutor also could not point out any other materials other than the own statement of the petitioner to implicate the petitioner. The learned Additional Public Prosecutor submits that, since the contraband involved is of commercial quantity, the embargo under Section 37 of the NDPS Act is attracted. In view of the law laid down by the Hon’ble Supreme Court in the case of Page No.# 3/3 P. Krishna Mohan Reddy –vs- State of Andhra Pradesh: 2025 INSC, 725, the statement of the co-accused cannot be used for the purpose of denial of bail in the absence of any other material. In view of the fact that no recovery was made from the petitioner, there is no other material except the statement of the co-accused and no record of criminal antecedents are available the bar of Section 37 of the NDPS Act is also met in the present case. In view of the above, the prayer for bail is allowed. Accordingly, the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- each with two sureties each of the like amount to the satisfaction of learned Special Judge, NDPS, Barpeta. The petitioner shall cooperate in the trial of the case. Bail application stands disposed of. JUDGE Comparing Assistant