Page No.# 1/3 GAHC010149572026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2023/2026 SRI KUSHAL DAS SON OF LATE PRABHAT DAS, RESIDENT OF VILLAGE BARKUCHI, P.S. PALASHBARI, DISTRICT KAMRUP R, ASSAM, PIN 781128. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SI DIPJYOTI SARMA GORCHUK POLICE STATION P.S. GORCHUK DISTRICT KAMRUP M ASSAM PIN 78103 Advocate for the Petitioner : MR. A U CHOUDHURY, MS. A KAUSHAR,MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 07. 08.2026 Heard Mr. S. Islam, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam for the State respondent. Page No.# 2/3 2. This is an application under Section 483 of BNSS, 2023, for granting bail to the petitioner namely Sri Kushal Das in connection with Gorchuk P.S. Case No. 05/2026 registered Sections 20(b)(ii)C/29 of the NDPS Act. 3. The brief facts of the case is that police acting on a prior information and set up a check point at Gorchuk Pamohi Road and in course of checking intercepted one alto vehicle being driven by the petitioner and recovered 32.891 KGs of suspected ganja from different parts of the vehicle on 05.01.2026 at about 06.18 p.m. Accordingly a D.G. Entry was made at Gorchuck P.S. vide GDE No. 39 dated 05.01.2026 and investigation was started. 4. It is submitted on behalf of the petitioner that the petitioner was unaware of the contents of ganja and he was driving the vehicle at the instruction of the employer i.e. the owner of the vehicle, which is a commercial vehicle. 5. The learned counsel for the petitioner submits that the petitioner is now 250 days behind the bar and considering the length of detention, the petitioner may be released on bail. 6. TCR is recevied and perused. 7. The learned Addl. P.P. submits that trial is going on and case is now fixed for evidence. There are sufficient materials in the case diary to indicate that the petitioner is involved in the alleged offence. 8. It appears that recovery was made from the alto vehicle driven by the petitioner and suspected ganja was stored in different parts of the vehicle. 9. Considering the above, it cannot be said that the bar under Section 37 of the NDPS Act have been overcome and that the petitioner is not guilty of the offence. Accordingly, prayer for bail stands rejected at this stage. Page No.# 3/3 10. The bail application stands dismissed. JUDGE Comparing Assistant