Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1257/2025 MOHAMMED KASHIF AND ANR S/O ABDUL WAJID R/O KHOTPURA, MOHALLA NEEM TEHSIL, TANDA BADLI RAMPUR, UTTAR PRADESH.
2: ABDUL WJID S/O ABDUL MAJID R/O KHOTPURA MOHALLA NEEM TEHSIL TANDA BADLI RAMPUR UTTAR PRADESH VERSUS THE UNION OF INDIA (CUSTOMS) REPRESENTED BY ITS STANDING COUNSEL. Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : SC, CUSTOMS,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.01.2026 Heard Mr. S Munir, the learned counsel appearing for the petitioners. Also heard Ms. R Hussain, the learned Standing Counsel for the Customs Department.
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2. By filing this application under Section 482 of the BNSS, 2023 the petitioners, namely, 1. Mohammed Kashif & 2. Abdul Wajid have prayed for anticipatory bail, apprehending arrest in connection with Customs Case No. 29/CL/IMP/AS/GAU/2024-25.
3. Foreign origin cigarettes were recovered from a truck. The petitioner No. 1 Mohammed Kashif is the owner of the truck and the petitioner No. 2 Abdul Wajid looks after the maintenance of the truck. Both the petitioners have stated that they are not involved in smuggling of cigarettes. Their truck was hired by many persons for carrying goods and those foreign cigarettes were loaded in the truck.
4. Mr. Munir has submitted that pursuant to the interim order granted by this Court on 05.06.2025, both the petitioners have already appeared before the Police Investigating Officer and have been cooperating with the concerned Investigating Officer.
5. I have considered the submissions made by the learned counsel of both sides.
6. Since the petitioners have been co-operating with the Police Investigating Officer, this Court is of the opinion that the petitioners do not deserve to be detained in custody.
7. Accordingly, the interim bail granted by this Court to the petitioner Nos. 1. Mohammed Kashif & 2. Abdul Wajid on 05.06.2025 is hereby made absolute.
7. This AB stands disposed of accordingly.
JUDGE Comparing Assistant