Page No.# 1/5 GAHC010223942024 2025:GAU-AS:61 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3293/2024 KAMRUL ISLAM BARBHUIYA S/O LATE MANOHAR ALI BARBHUIYA, VILL- SAPTAGRAM, P.O.- SAPTAGRAM, REVENUE CIRCLE SONAI, STATE- ASSAM, PIN-788114 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R D GUPTA, MS. SASWATI KAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R 03/01/2025 Heard Mrs. S Kar, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. Petitioner, namely, Kamrul Islam Barbhuiya, son of Late Manohar Ali Barbhuiya, resident of Village-Sapatgram, P.O.-Sapatgram, Revenue Circle-Sonai, Police Station-Dholai, District-Cachar has Page No.# 2/5 filed this application under Section 483 BNSS, 2023, praying for his bail in Special NDPS Case No. 123/2023 arising out of Badarpur Police Station Case No. 247/2023 under Sections 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, corresponding to G.R. No. 1954/2023 in which he is in custody since 15.09.2023, presently pending before the Court of learned Sessions Judge, Karimganj. 3. Mrs. S Kar, learned counsel for the petitioner contended that since 15.09.2023 though the petitioner is in custody for more than 400 days and inspite of submission of charge-sheet in the case way back on 30.11.2023 under Sections 22(c)/25/29 of the NDPS Act, 1985, against him and another arrested accused person of the case, but charges in the case have not yet been framed and the trial of the case has also not begun. 4. Mrs. Kar, learned counsel also stated that the petitioner has been falsely roped in the case and that the entire procedure of seizing the alleged contraband narcotics are in violation of the provisions of the NDPS Act and that the relevant guidelines framed by the Hon’ble Supreme Court in the case of Union of India -Vs.- Mohanlal, reported in 2016 (1) RCR (Criminal) 858 as well as in the case of Mangilal -Vs.- The State of MP, Criminal Appeal No. 1651/2023 decided on 12.07.2023. 5. Mrs. 5. Mrs. Kar, learned counsel for the petitioner also relied on the decisions of the Hon’ble Supreme Court in the case of Gorakh Nath Prasad -Vs.- State of Bihar, reported in 2018 (1) SCR 108, stating that the case of the prosecution cannot be entirely based upon the statements of the official witnesses when no independent witnesses has been joined in the investigation as in the case it is the Sub-Inspector of Police who had lodged the FIR of the case and also has made the investigation of the case and submitted the charge-sheet in it. 6. It is also submitted on behalf of the petitioner that he shall comply with any such terms and conditions that may be imposed upon him by the Court on releasing him on bail in said Special NDPS Case No. 123/2023 arising out of Badarpur P S Case No. 247/2023. 7. Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State submitted that after filing of the charge-sheet in the case, the learned Trial Court has already furnished all the relevant copies to the accused petitioner. 8. Mr. Parashar, learned Additional Public Prosecutor also stated that all together 10,000 numbers of Yaba Tablets, gross weight of 2440 Grams have been recovered and seized from the conscious possession of the petitioner which is much more than commercial quantity. Mr. Parashar, learned Additional Public Prosecutor further stated that the FSL report indicated that seized tablets from the Page No.# 3/5 position of the petitioner gave positive test for Methamphetamine, a schedule NDPS item. 9. For such reasons, Mr. Parashar, learned Additional Public Prosecutor prayed for rejection of bail application of the petitioner in said Special NDPS Case No. 123/2023. 10. The Court by order dated 07.11.2024 called for the scanned copy of the records of said Special NDPS Case No. 123/2023 as well as copy of the case diary of Badarpur P S Case No. 247/2023 from the Court of learned Special Judge (NDPS) cum Sessions Judge, Karimganj. 11. On perusal of the case record, it is seen that in the afternoon of 14.09.2023 after receipt of specific information from the Superintendent of Police, Karimganj that in a vehicle bearing Registration No. MZ-01-L-7104, some persons are transporting Yaba tablets from Mizoram to Karimganj and that they are coming towards Badarpur side. The said information was entered into the diary as GD Entry No. 399 dated 14.09.2023 in the Badarpur Police Station. On being duly authorized under the NDPS Act relating to search, seizure and arrest if any Narcotic Contraband are found, police personnel from Badarpur Police Station with relevant materials including weighing machine and others etc. left for Kandigram side. On reaching Kandigram in front of Sethi Floor Mill, SP Karimganj was found along with his staff and on the basis of the instruction of said SP Karimganj, a Naka Checking was set up in that place. Around 05:10 pm the vehicle bearing Registration No. MZ-01-L-7104, a Tata Zest XM vehicle was seen coming from Badarpur side towards Bhanga bazar and the said vehicle was intercepted in front of said Sethi Floor Mill, Kandigram with the help of police staff and it was cordoned. Two occupants were found inside the said vehicle. After following the due procedure, in presence of independent witnesses both the occupants of the vehicle were accordingly informed and on being questioned, one of them who was driving the vehicle, introduced himself to be Kamrul Islam Barbhuiya, son of Late Manohar Ali of Village-Sapatgram under Dholai Police Station of Cachar District and the other occupant of the vehicle introduced himself to be Sanjoy Suklabaidya, son of late Bishu Suklabaidya of Village-Bubirghat under Patharkandi Police Station of Karimganj District. Thereafter, two separate Notices under Section 50 of the NDPS Act, were furnished to those two occupants of the vehicle bearing Registration No. MZ-01-L-7104 and they were detained. 12. It is also seen from the records of the case that on being led and shown by both the occupants of the said vehicle in presence of independent witnesses, suspected Yaba tablets were recovered from 4 brown colour packets that were kept concealed in the rare bumper that is located inside the dicky of the said vehicle, out of which two packets were found in two numbers of black colour polythenes. It is also seen that those four brown colored packets, from which suspected Yaba Tablets were recovered, were marked as A, B, C and D. On opening of those four brown colored packets, five Page No.# 4/5 white colour packets were found in each of those four brown colored packets and those were marked as A1 to A5, B1 to B5, C1 to C5 andD1 to D5. Each white colored packets were found containing 10 numbers of black colour packets and each black colour packets contained approximately 200 numbers of suspected Yaba Tablets. All together it was found – 10 packets X 200Tablets = 2,000 Numbers of Tablets approximately 2000 Tablets X 5 packets = 10,000 Numbers of Tablets approximately. As such in those four brown colour packets – A, B, C and D approximately 40,000 numbers of suspected Yaba Tablets were recovered and the total weight of suspected Yaba Tablets in those four packets A, B, C and D were found to be of 9,618 grams. 13. Accordingly, those suspected Yaba Tablets, the said Tata Zest XM vehicle bearing Registration No. MZ-01-L-7104, one Vivo Mobile handset of the petitioner; two Mobile handsets, a Samsung and a Grabo Keypad and Voter Id Card of the other occupant were duly seized. 14. It is also seen that on reaching Badarpur Police Station on 14.09.2023 at night itself, those seized articles were handed over to the Sheristadar, i.e., the concerned custodian of said police station by making proper G D Entry. Thereafter, on 15.09.2023 FIR of the case was lodged and the seized articles, seizure list, photographs of the seized articles were presenting before the Additional Chief Judicial Magistrate, Karimganj on 15.09.2023 itself for making due and necessary inventories. In presence of the said Magistrate samples from the seized suspected Yaba Tablets were drawn on 15.09.2023 and it was forwarded to the FSL for its chemical examination and necessary report. 15. It is also seen that both the petitioner and the other arrested accused person of the case were produced for the first time before the Additional Chief Judicial Magistrate, Karimganj on 15.09.2023 itself and thereafter, before the learned Sessions Judge, Karimganj on 19.09.2023. 16. The FSL Report dated 27.10.2023 confirmed that the seized suspected Yaba Tablets gave positive tests for Methamphetamine, a schedule NDPs item. 17. From the records of the case, it is seen that though the Investigating Officer of the case on 30.11.2023 made ready the charge-sheet of the case, but the Officer-in-charge, i.e., the Inspector of Badarpur Police Station forwarded the said Charge-sheet on 27.12.2023 only which was seen/endorsed by the learned Sessions Judge, Karimganj on 29.12.2023, much within the statutory period. 18. From the records, it is also seen that the learned Trial Court have already provided the copies of Page No.# 5/5 the charge-sheet and the documents to the accused persons of the case, including the petitioner and 03.12.2024 was the date for consideration of charge in the said Special NDPS Case No. 123/2023, pending before the Court of learned Sessions Judge, Karimganj. 19. Considering sufficient incriminating materials against the petitioner and his involvement in the alleged crime of transportation and illegal trade of NDPS items like Methamphetamine within the State and outside the State, the Court is of the view that his detention since 15.09.2023 cannot be considered for bail of the petitioner, named above, in said Special NDPS Case No. 123/2023 arising out of Badarpur Police Station Case No. 247/2023. 20. Accordingly, this bail application of the petitioner, Kamrul Islam Barbhuiya, son of Late Manohar Ali Barbhuiya in said Special NDPS Case No. 123/2023 arising out of Badarpur Police Station Case No. 247/2023, pending before the Court of learned Sessions Judge, Karimganj, stands rejected. JUDGE Comparing Assistant