Page No.# 1/4 GAHC010233492025 2025:GAU-AS:14970 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3406/2025 HUSSAIN ALI AND ANR S/O AKBAR ALI, R/O VILL. CHIRAKHOWA, PART IV, ALOMGANJ, PS FAKIRGANJ, DIST. DHUBRI, ASSAM. 2: SHAHALOM SHEIKH S/O ABU TALEP SHEIKH @ TALEP ALI R/O VILL. CHIRAKHOWA PART IV ALOMGANJ PS FAKIRGANJ DIST. DHUBRI ASSAM VERSUS THE STATE OF ASSAM, TO BE REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. Y ALI, MR. N J DUTTA,MR. A K AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 06.11.2025 Heard Mr. N. J. Dutta, learned counsel appearing on behalf of the accused- applicants. Also heard Mr. K. K. Das, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicants in connection with Guwahati G.R. P.S. Case No. 141/2025, corresponding to G.R. 4478/2025, registered under Sections 21(c)/29 of the NDPS Act, 1985. 3. The gist of the allegation made in the FIR dated 09.09.2025 by the complainant, S.I. Shri Rahul Kumar Dubey is that, on receipt of certain information about suspected transportation of narcotic drugs, the Police team apprehended the accused-applicants at Platform No. 1 Guwahati Railway Station at about 3:45 AM on 09.09.2025 and while checking both the accused-applicants, the Police found 22 nos. of plastic soap boxes in 2 nos. of bag packs and another 11 nos. of plastic soap boxes in each of the back packs, which suspected to be containing heroine. The total weight of the suspected heroine was found to be 268 grams. 4. On receipt of the FIR, a case was registered as GR P.S. Case No. 141/2025, under Sections 21(c)/29 of NDPS Act, 1985. 5. Mr. N. J. Dutta, learned counsel appearing for the accused-applicants submits that though in the FIR, the quantity was shown to be 268 grams, actually the weight of the seized materials was 237 grams only, which could be found from the order sheet of the learned Court of the JMFC, Kamrup (M), dated 10.09.2025, which at Serial No. 14.22 has clearly stated the total net weight of the seized heroine to be 237 grams. Therefore, he submits that the materials alleged to have been seized by the Police authorities is not Page No.# 3/4 commercial quantity and accordingly, Section 21 (c) shall not be involved in the instant case, rather, at best the same can attract Section 21 (b) wherein, the prescribed punishment can be imprisonment for a term which may extend to 10 years and with fine which may extend to one lakh rupees. In view of the aforesaid facts, as well as since the accused-applicants have already spent 58 days behind the bar, the learned counsel prays for releasing the accused-applicants on bail. 6. Mr. K. K. Das, learned Addl. P.P., on the other hand, submits that the offence is under NDPS Act and the amount so seized is also not of a small quantity. Therefore, he submits that the rigours of Section 37 of the NDPS Act should be applicable in the instant case. 7. This Court has gone through the Case Diary submitted before this Court, which revealed that investigation in the matter is going on and statements of the accused- applicants as well as several witnesses have already been recorded by the Investigating Officer. 8. Taking into account of the fact that the accused-applicants have already spent 58 days behind the bar and the quantity seized is not of commercial quantity, this Court is of the view that further custodial detention of the accused-applicants in the instant case is not called for. Accordingly, the accused-applicants are directed to be released forthwith on furnishing of bail bond of Rs. 50,000/- (Rupees Fifty Thousand) each with surety of like nature to the satisfaction of the learned Court of the JMFC, Kamrup (M), subject to the following conditions: - (1) That the accused-applicants shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicants shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 9. Accordingly, the instant bail application is disposed of as allowed. Case Diary so Page No.# 4/4 received to be sent back. JUDGE Comparing Assistant