Page No.# 1/4 GAHC010158782025 2025:GAU-AS:11944 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2382/2025 PRASENJIT ROY S/O- NANI GOPAL ROY. PERMANENT R/O- VILL.- D.M. COLONY, P.O.-CHAKMAGHAT, KRISHNAPUR, DIST.- KHOWAI, TRIPURA. PRESENT ADDRESS.- SHANTINAGAR, TELIAMURA, WARD NO.7, P.S.- TELIAMURA, DIST.- KHOWAI, TRIPURA, PIN-799205. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN,MS G TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 03.09.2025 Heard Mr. H. R. Choudhury, learned counsel for the petitioner and Mr. B. Page No.# 2/4 Sarma, learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the petitioner, viz., Prasenjit Roy has prayed for bail in connection with Special NDPS Case No.135/2024 pending in the Court of learned Special Judge, Sribhumi arising out of Bazarichara P.S. Case No.211/2024 registered under Sections 22(c)/25/29 of the NDPS Act, 1985. The F.I.R. dated 24.12.2024 reveals that on a source information that a truck carrying contrabands was coming from Agartala to Assam, the same was intercepted at a checking point and on checking of the truck it was found that in the driver cabin one gunny bag was kept inside a secret chamber of the engine box and on opening the same suspected YABA Tablets were found inside the same and the police personnel after seizing the same arrested the driver and lodged the ejahar. Mr. H. R. Choudhury, learned counsel for the petitioner submits that the petitioner was no way connected with the offence and that he is only the owner of the said truck and the contrabands were recovered from the driver of the said truck. He also submits that without obtaining any transit remand from the Magistrate of the jurisdictional Court where the petitioner stayed, the petitioner was brought to Assam. Mr. H. R. Choudhury also submits that the driver of the truck was enlarged on bail vide order dated 17.07.2025 by the High Court. Mr. B. Sarma, learned Addl. P.P., on the other hand, submits that the case record specially the statement of the driver as well as the accused person itself Page No.# 3/4 revealed that it was the owner who had made the secret box in the driver’s cabin for keeping the contrabands and that he also submits on the basis of the statement of the driver the petitioner was arrested. Mr. Sarma also submits that since the contraband involved is of commercial quantity, Section 37 of the NDPS Act is attracted in this case. On consideration of the submissions made at the Bar, this Court observes that the contrabands were seized from the truck and the driver who was driving the vehicle was arrested and the said contrabands were in the driver’s cabin inside a secret chamber of the engine box to which the driver led the police during the search. In view of that the driver can be said to be conscious or in constructive possession of the contrabands on a prima facie basis. However, the interception and the seizure of contrabands were done on 24.12.2024 and the petitioner was arrested on 17.05.2025. In view of the discussions made above, this Court deems it fit that the petitioner may be released on bail on furnishing a bail bond of Rs.50,000/- with two local sureties of the like amount to the satisfaction of the learned Special Judge, Sribhumi on the following conditions :- (1) That the petitioner shall appear before the Trial Court as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the place of his residence without Page No.# 4/4 permission of the Trial Court. The Bail Application stands disposed of. JUDGE Comparing Assistant