Page No.# 1/3 GAHC010266032024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3848/2024 MAFIZ UDDIN @ MOFIJ UDDIN S/O MANUR UDDIN R/O BARBARIJAN P.S.HOWLY DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.02.2025 1. Heard Mr. A. Paramanik, the learned counsel for the petitioner. Also heard Ms. R. J. Boruah, the learned Additional Public Prosecutor for the State. 2. This is an application Under Section 483 of BNSS, 2023 has been filed Page No.# 2/3 by the petitioner namely, Mafij Uddin @Mofij Uddin, who has been detained behind the bars since 20.09.2024 in connection with North Guwahati P.S Case No.128/24, Under Section 21(c)/29 of NDPS Act, 1985. 3. The gist of accusations in this case is that on receipt of FIR on 19.09.2024 inter alia, alleging that on 19.09.24 on receipt of an information through reliable sources in Naka Checking was conducted and truck bearing no.AS 28 AC 1042 was intercepted and checked and during search operation 504 grams of suspected heroin was found from the said truck in 42 soap boxes. The petitioner Mafij Uddin @Mofij Uddin was apprehended along with the handyman Lal Chan Badshah. 4. Learned counsel for the petitioner has submitted that allegations leveled in the FIR is false. The search and seizure was made not at the place of occurrence but at the P. S. 5. He also submits that nothing was found from the seized truck and no independent witnesses were there at the time of search and seizure of the alleged contraband. Hence he prays for the petitioner to allow to go on bail . 6. On the other hand, Learned Additional Public Prosecutor has produced the Case Diary of North Guwahati P.S Case No.128/2024 and has submitted that there are sufficient incriminating materials against the present petitioner in Case Diary. 7. He also submits that embargo of Section 37 is applicable in this case as the quantity of contraband is of commercial quantity. 8. I have considered the submission made by learned counsel for both the parties and have perused the case Diary which has been produced by the learned Additional Public Prosecutor. Page No.# 3/3 9. On perusal of the Case Diary I find sufficient materials against the petitioner in therein. 10. As the contraband recovered in this case is of commercial quantity the embargo of Section 37 is also applicable to this case. 11. The petitioner is unable to show anything to overcome the embargo of Section 37 in this case. 12. Hence this Court is constraint to reject the prayer for bail at this stage JUDGE Comparing Assistant