Page No.# 1/4 GAHC010137602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2054/2025 RAMAISHWAR SINGH SON OF LATE VASHISHTH SINGH, R/O WARD NO. 15, MAUDHA DIH, PATEPUR, VAISHALI BIHAR, PIN NO. 843114 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR I RAFIQUE, N CHAKRABORTY,MS A AFREEN,MRS S A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.07.2025 1. Heard Mr. I. Rafique, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Ramaishwar Singh, who has been detained behind the bars since 04.06.2025 (for the last 39 days) in connection with Bongaigaon GRPS Case No. 37/2025, under Sections 305(b)/317(2)/336(3)/61(2) of BNS r/w Sections 20(1)/20(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter referred as COTPA). 3. The gist of accusation in this case is that on 07.03.2024 one Subrata Das had lodged an FIR before the Officer-In-Charge of New Bongaigaon GRPS, inter alia, alleging that on the basis of an information received through reliable sources, a search was conducted on the rear V.P. (No. 114839) of Sealdah Kanchanjungha Express at New Bongaigaon Railway Station and during search operation, two large packets containing 400 bundles of foreign cigarette namely, “WIN King Size Cigarettes” and another two packets containing 250 bundles of foreign cigarettes namely, “Gudang Garam International” were recovered there from. 4. The learned counsel for the petitioner has submitted that the petitioner is the authorized representative of one M/s Maa Kali Enterprise which has booked the consignment and which was later on found contained foreign cigarette. It is also submitted that the petitioner was not aware about the contains of the consignment as at the time of booking, it was mentioned that the consignment contains bundle of old cloths only. The learned counsel for the petitioner further submitted that in the forwarding report submitted by the investigating officer at the time of Page No.# 3/4 forwarding of the present petitioner before the Court, it has been clearly indicated that the seized contraband cigarettes belong to one Ajar Kumar of Bihar. 5. The learned counsel for the petitioner has also submitted that the petitioner has detained behind the bars for the last 39 days and considering the period of detention, he may be allowed to go on bail. It is also submitted that the petitioner has been residing in Silchar town for the last 15 years and he will co-operate in the investigation. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Bongaigaion GRPS Case No. 37/2025 and has opposed in granting bail on the ground that there are sufficient materials incriminating the present petitioner in this case. He also submitted that there are materials which indicates the present petitioner on the instruction of the main accused Ajay Kumar and himself also insisted in the commission of the crime. 7. I have considered the submissions made by the learned counsel for both sides and perused the case diary of Bongaigaion GRPS Case No. 37/2025. 8. It appears from the case diary that the contraband i.e. foreign cigarettes involved in this case have been seized and the investigation has fairly progressed. Though the main accused namely, Ajay Kumar is yet to be arrest. However, it appears that the petitioner has been detained behind the bars for the last 39 days and considering progress made in the investigation as well as the period of detention already undergone by the Page No.# 4/4 petitioner, this Court is of the considered opinion that if the petitioner co- operates with the investigation, his custodial detention may not be necessary for fair completion of investigation of the Bongaigaion GRPS Case No. 37/2025. 9. Accordingly, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned CJM, Bongaigaon, Assam with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. Send back the case diary. 11. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant