Page No.# 1/4 GAHC010200302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2940/2025 SADDAM HUSSAIN S/O- SURMAN ALI. R/O- VILL.- KHUTAMARI, P.S. AND DIST.- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, IMDADUL ISLAM,M RAHMAN,N. J. DUTTA Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 19.09.2025 Heard Mr. N J Dutta, learned counsel for the petitioner. Also heard Mr. K KParasar, learned Addl. Public Prosecutor. 2. This is an application under Section 482 of the BNSS, 2023 for granting Page No.# 2/4 regular bail to the accused/petitioner, namely Saddam Hussain, arrested on 24.08.2025, in connection with Dillai PS Case No. 46/2025 being registered under Section 303(2)/317(2)/318(4) of the BNS, 2023 read with Section 53(1) (a) of Assam Excise Act, 2000 (Amended 2018). 3. The case in brief is that on 23.08.2025 complainant ASI Utpal Saikia lodged an FIR before the O/C Dillai PS to the effect that on the same day at 3:30 PM a container truck bearing registration No. AS-01NC-5125, which was coming from Manja Side and heading towards Imphal Manipur side was stopped for normal checking. The driver of the said container identified himself as Saddam Hussain, S/o-Surman Ali R/o-Khutamari PS-Goalpara. On asking the driver to produce the documents of the loaded goods, he produced challan of Match box, Presticides and other articles. But it was suspected that some other items were concealed inside the container. While thorough checking, total 350 cartons of Kingfisher Can and 250 cartons of Tuborg (Both of Arunachal sale IMFL) has been recovered and asked the driver of the truck to produce the documents of the loaded goods, but he could not produce any supporting documents and accordingly seized the cartons containing beer along with other articles as per challan and also apprehended accused, namely, Saddam Hussain. Hence the case. Page No.# 3/4 4. It is submitted on behalf of the petitioner that the driver of the truck and has no knowledge about the illegal transportation of liquor as the same one was without his knowledge. It is submitted on behalf of the petitioner that although Section 47 was served upon the accused, no specific grounds and details of the offence were mentioned therein. 5. A perusal of the CD supports the aforesaid contention of the petitioner. Furthermore, the requirement of Section 48 BNS was sought to be fulfilled by sending W.T message to the local Police Station, but there is no acknowledgement receipt available. A perusal of the Magistrate’s order on the date of production would indicate that on that date i.e. 24.08.2025, the accused was unable to engage counsel and therefore the court had appointed Assistant LADC from the DLSA panel to represent the accused but there is no indication that the accused was actually represented on the said date. There is no indication that the grounds of arrest was conveyed in any other manner to the relative/family members of the accused persons. Moreover, the petitioner has already spent 27 days in custody. 6. Having regard to the same, the above-named accused petitioners are allowed to go on bail of Rs.20,000/-(Rupees Twenty Thousand) only with two sureties of the like amount subject to the satisfaction of the arresting authority Page No.# 4/4 with following conditions: (i) The petitioners shall make themselves available during the course of investigation of the case as and when directed to do so. (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. (iii) That the petitioners shall not hamper or tamper with the evidence. 7. Accordingly, this Bail Petition stands disposed off. JUDGE Comparing Assistant