Page No.# 1/3 GAHC010213562024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3140/2024 NEIHING DOUNGEL W/O LALSEI DOUNGEL, R/O VILL- PANGMOL, P.S.-JIRIBAM, DIST- TAMELONG, MANIPUR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.02.2025 1. Heard Mr. M. A. Choudhury, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State. 2. This is an application Under Section 483 of the BNSS, 2024, has been filed by the petitioner namely, Neihing Doungel who has been detained behind Page No.# 2/3 the bar since 28.03.2024 in connection with Special NDPS Case no. 40/2024 arising out of Badarpur P.S Case No. 91/2024 Under Section 21 (c)/25/29 NDPS Act, 1985. 3. The gist of accusation in this case is that on 27.03.2024 an FIR was lodged before the Officer-in-Charge of Badarpur Police Station, inter alia alleging that on 27.03.2024 during a search operation one Auto Rickshaw bearing Registration No.AS 11 CC 9160 was intercepted and 3 persons boarding in that auto rickshaw (including the present petitioner) were apprehended and during search of the same auto rickshaw 271 grams of heroin was recovered. 4. Learned counsel for the petitioner has submitted that the auto rickshaw in which the petitioner was travelling was a passenger vehicle and the 2 bags in which the suspected heroin was found does not belong to the present petitioner. 5. On the other hand, learned Additional Public Prosecutor has submitted that the one of the bag in which the contraband was found is a ladies hand bag and from the materials on record is clear that the bags from where the contraband was recovered belongs to the petitioner and to the co-accused person. 6. I have considered the submission made by the learned counsel for the petitioners and perused the material available on record including the scanned copy of the case record of Special NDPS Case No. 40/2024. 7. The materials on record primae facie indicates that the bags from which the seized contraband were recovered belongs to the petitioner and was recovered from the vehicle in which petitioner was travelling as passenger. 8. In view of the above implicating materials available against the Page No.# 3/3 present petitioner, this court is of the considered opinion that embargo of section 37 of the NDPS Act is applicable to this case and therefore this court is constraint to reject the Bail Application at this stage. 9. This Bail Application is accordingly dismissed. JUDGE Comparing Assistant