Page No.# 1/4 GAHC010132382025 2025:GAU-AS:11375 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1388/2025 AZIZ ZAKARIA MAZUMDER AND 2 ORS. SON OF ABDUL HAMID MAZUMDER, R/O VILL- DUDHPATIL PT. 5, P.O. DUDHPATIL, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788003 2: MAHJUBI PARBIN D/O ABDUL GAFUR SADAGAR R/O VILL- DAULATPUR P.S. BIHPURIA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787054. 3: FAKRUL ALOM BARBHUIYA S/O SABIR AHMED BARBHUIYA R/O MAZUMDER BAZAR P.O. TARAPUR PT.VILL- P.S. SILCHAR DIST. CACHAR ASSAM PIN-788008 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, CUSTOMS Advocate for the Petitioner : MS. R S SADIAL, MR. M R SODIAL Page No.# 2/4 Advocate for the Respondent : SC, CUSTOMS, BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 26.08.2025 Heard Ms. R.S. Sadial, learned counsel for the petitioners. Also heard Mr. C. Keyel, learned Standing Counsel for Customs Department. 1. This is an application for pre-arrest bail preferred by the petitioners namely Aziz Mazumder, Mahjubi Parbin and Fakrul Alom Barbulya in connection with Case No. 04/UCL/IMP/AS/GAU/2025-2026. The allegation against the accused/petitioner as per the complaint is that a huge quantity of foreign cigarettes valued at Rs. 5,60,0000/- and poppy seeds valued at Rs. 11,41,824/- were recovered and seized by the customs official from a go-down situated at Kamarkuchi, Kamrup, Assam, to one Shri Ranjit Sharma, and further enquiry revealed that the said go-down was given on rent to petitioner Nos. 1 & 2. 2. It appears that the aforesaid items were seized by the customs on reasonable belief that the consignment of cigarettes of foreign origin and poppy seeds were illegally imported through a route other than those specified under the provisions of Section 7(1)(c) and in violation of the provisions of Section 11 (and the notifications issued there under) of the Customs Act, 1962 read with the provisions of section 7(3) of COTPA, 2003 read with the provisions of the Foreign Page No.# 3/4 Trade (Development and Regulation) Act, 1992 including the Orders and Rules made there under, as amended and made applicable to the Customs Act, 1962 under Section 3(3) ibid and contravention of provisions of FEMA, 1999.which is liable for confiscation u/s 111 (b) & (d) of the Customs Act, 1962, hence, seizure effected u/s 110 of Customs Act, 1962" 3. Further, the aforesaid acts are furnishable under Section 135 of the Customs Act which is non-bailable in nature. 4. On perusal of the case diary, it appears that notice were duly issued to the petitioners, but they have not appeared before the customs authority except petitioner No. 3. There also appears to be sufficient incriminating materials available against the petitioner Nos. 1 & 2 and as far as petitioner No. 3 is concerned. 5. It is submitted on behalf of the customs that since petitioner No. 3 is an employee of one Kaijul Islam Choudhury and most of the rental payment for the go-down where from the articles were seized was done by the said Kaijul Islam Choudhury indicating that he is also involved in the smuggling, it is necessary to interrogate the petitioner No. 3 in custody. 6. It is also submitted that the Anti-Smuggling Unit, Guwahati Customs Division have in the recent period seized many consignment of foreign manufactured/produced brand cigarettes and poppy seed. There is a trend of smuggling which involves foreign origin cigarettes and poppy seeds are often routed through Myanmar and thereafter make way into the Indian markets through the porous routes of Indo Page No.# 4/4 Myanmar border thereby jeopardizing the genuine products manufactured at the Indian soil. 7. It is further submitted that the seized cigarettes and poppy seeds are of foreign origin and thus an offence punishable under Section 135 of the Customs Act 1962 has been committed and proper investigation is due in this regard to identify the persons involved behind the smuggling activity threatening the economic sovereignty of the country. 8. Having regard to what has been reflected above, the prayer for pre-arrest bail in respect of the petitioners stands rejected and the application stands dismissed. 9. Return back the CD. JUDGE Comparing Assistant