Page No.# 1/3 GAHC010114442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1771/2025 TAJUL ALI S/O NAKIB ALI R/O VILL- DEBERAPAR GAON P.S. JORHAT DIST. JORHAT, ASSAM VERSUS THE UNION OF INDIA REP BY SC, CUSTOIM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : SC, CUSTOMS, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 06/06/2025 Heard Mr. T Chutia, learned counsel for the petitioner and Mr. S C Keyal, learned Standing counsel, Customs Department for the sole respondent. 2. The petitioner, namely, Tajul Ali, son of Nakib Ali, resident of Village-Deberapar Gaon, P.S. Jorhat, District-Jorhat, has filed this application under Section 483 of BNSS, 2023, on 27.05.2025, praying for his bail in Custom Case No. 33/UCL/IMP/AS/GAU/2024-25 registered under Section 135(b) of the Custom Act, 1962, wherein he was arrested on 06.05.2025 and is in custody since then. 3. The case of the prosecution is that on receipt of information by the Anti-Smuggling Unit, Guwahati Customs Division on 21.11.2024, authorized personnel from the said Customs Division proceeded towards Nagaon and found Ashok Leyland CA 1815 FBL 47 BS6 truck bearing registration No. AS-03-CC-5407 parked inside the Bharat Petroleum Fuel Station at the National Highway No. 127 (erstwhile NH-37), Ahatguri, District-Morigaon under Nellie Police Station. However, it was found that the said truck was abandoned by its driver. Later, in presence of the independent witnesses, personnel from the Customs Department, Guwahati Division recovered 9,80,000 sticks of foreign origin cigarettes valued at Rs.2,53,00,000/- in 50 (fifty) separate boxes, 48 (forty eight) boxes containing 2 (two) cartons each and 2 boxes containing 1 carton each. Later, the said truck along with the seized foreign cigarettes were brought to the Customs Division, Guwahati. During the investigation, the personnel from the Customs Department, Guwahati Division found that it is the petitioner who was driving the said truck bearing registration No. AS-03-CC-5407 and parked it inside the said Bharat Petroleum Fuel Station at NH-127 at Ahatguri, District-Morigaon, P.S. Nellie and accordingly, he was taken into custody on 06.05.2025. Prior to taking him in custody, the petitioner was issued summons and on two occasions, he appeared before the concerned Investigating Officer of the Anti-Smuggling Unit of Customs Division, Guwahati. 4. From the case records in original placed before the Court by Mr. Keyal, learned Standing counsel, Customs Department, it is seen that the investigation is in the nascent stage and there are sufficient incriminating materials against the petitioner with regard to his involvement in the alleged crime. Page No.# 3/3 5. It is also seen that the petitioner is not fully co-operating with the investigation of the case and he did not disclose the origin from which he had procured those foreign cigarettes. 6. It is to be noted herein that on receipt of summons from the Anti-Smuggling Unit of Customs Division, Guwahati, he approached this Court by preferring an anticipatory bail application. However, the Court by order dated 27.03.2025 passed in AB No. 660/2025, after considering the case record rejected such pre-arrest bail application of the petitioner directing him to appear before the Superintendent (Anti-Smuggling), Customs Division, Guwahati and accordingly, he appeared before the Customs authority. 7. Considering such materials in the case record, the Court is of the view that the detention of the petitioner in custody since 06.05.2025 cannot be considered for his bail in said Custom Case No. 33/UCL/IMP/AS/GAU/ 2024-25 registered under Section 135(b) of Custom Act, 1962. 8. Accordingly, this bail application of the petitioner, Tajul Ali, son of Nakib Ali, in said Custom Case No. 33/UCL/IMP/AS/GAU/2024-25 registered under Section 135(b) of the Custom Act, 1962 stands rejected. JUDGE Comparing Assistant