Page No.# 1/6 GAHC010238642025 2025:GAU-AS:16520 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3507/2025 AMINUL HAQUE LASKAR S/O SAMSUL HAQUE LASKAR VILL- ALGAPUR PART-V, P.S. ALGAPUR, P.O. KALIBARI B AZRA DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM,MS S R MAZARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 02.12.2025 Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.M. Barbhuiya, learned counsel appearing for the accused - applicant. 2. This is an application under Section 483 of BNSS, 2023 praying for bail of accused - applicant in connection with Special (NDPS) Case No. 15/2025 arising Page No.# 2/6 out of Algapur P.S. Case No. 56/2025 under Section 22(C) of the NDPS Act. 3. The allegation in the FIR that was lodged on 19.08.2025 before the Officer-in-Charge of Algapur Police Station by one Rimanka Barua, Dy. S.P. (P) is that on receipt of a secret information that a consignment of suspected Narcotic Drugs & Psychotropic substances was being carried in a Bolero vehicle bearing registration No. AS01-DY-0119, which was reportedly to be delivered in Medipoint Pharmacy, Algapur, the police team went to the place of occurrence at Algapur Bazar and apprehended the driver of the vehicle who was seen delivering one packet to the Medipoint Pharmacy. Seeing the police team, the driver fled away from the spot. When the police entered at the Medipoint Pharmacy, the accused- applicant, namely, Aminul Haque Laskar was present in the Pharmacy and a search was conducted in the shop wherein 10 nos. of plastic cough syrup bottle of 100 ml. each containing “Codeine Phosphate & Triprolidine Hydrocloride Syrup” was recovered from the shop. 4. On receipt of the FIR, police had registered Algapur P.S. Case No. 56/2025 under Section 22(c) of NDPS Act, 1985 corresponding to GR Case No. 321/2025 against the accused - applicant. 5. The police team arrested the accused - applicant on the same date and since then he was in judicial custody for more than 109 days. 6. It is seen from the record that on 16.10.2025, the learned Court of the Special Judge, NDPS, Hailakandi rejected the bail application of the accused - applicant on the ground that the contraband materials which was weighed 1.333 kg, was of commercial quantity. The learned Court of the Special Judge, NDPS has also referred to the case of Hira Singh and Ors. Vs. Union of India and Ors reported in MANU/SC/0383/2020), in coming to the conclusion that Page No.# 3/6 the seized contraband materials of 1.333 kg is of commercial nature. In this connection, it may be relevant to quote herein below the relevant portion referred to by the learned Special Judge, NDPS, Hailakandi - “In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the “small or commercial quantity” of the Narcotic Drugs or Psychotropic Substances”. Therefore, it seems that the learned Trial Court has considered the weight of the plastic bottles containing the alleged codeine which was also taken into account while determining the actual quantity of the seized substances. 7. This Court is of the considered view that the ratio laid down in the case of Hira Singh (supra) has been wrongly applied in the instant case as the plastic bottles cannot be termed as neutral substance. It is also seen from the aforesaid order (16.10.2025) that without actually weighing the quantity excluding the plastic containers bottles, the learned Special Judge, NDPS has come to a conclusion that the contents of the bottles is likely to be more than 1 kg i.e., commercial quantity. 8. The learned Senior Counsel appearing for the accused -applicant has submitted that the quantity which was seized by a Police Officer was never actually measured; neither by the seizing police team nor by the learned Trial Court, while coming to the conclusion, that the seizure was of commercial quantity. In this connection, the learned Senior Counsel has referred to the case of Mohd Nasar vs. Narcotics Control Bureau & Anr. (bail application No. 1547/2023) decided by the Hon’ble Delhi High Court on 07.02.2024. Para 28 and 29 of the aforesaid case being relevant are quoted herein below: Page No.# 4/6 “28. From the above paragraph in Hira Singh (supra), it appears that neutral substance in the context of contraband is to be understood as a substance which is mixed with the offending part of the contraband to either increase the weight of the entire contraband, in order to yield higher profits or to increase potency of the contraband or is an integral part of the contraband in order to facilitate the delivery or consumption of contraband. 29.This being the position, this Court is of the prima facie view that the towels and bed sheet do not qualify to be a neutral substance and their weight cannot be included in the weight of the contraband for determining whether seized contraband is of “small or commercial quantity”. However, this aspect will be considered in detail by the learned Trial Court during the trial uninfluenced by the aforesaid prima facie view, but the Court cannot be unmindful of the fact that at this stage of consideration of bail application of the petitioner, there is no material on record to show that the weight of the actual content of contraband excluding the weight of two towels and one bed sheet is of “commercial quantity” so as to attract the rigors of Section 37 of the Act.” In view of the aforesaid ratio laid down in the case of Hira Singh (Supra), which was followed in Mohd. Nasar (supra) learned Senior Counsel submits that in the instant case also, there is no record to show that actually the quantity was weighed by any of the authorities including the Trial Court to come to a finding or a conclusion that the contraband material seized was of commercial quantity. 9. In view of the aforesaid, the learned Senior Counsel submits that the benefit of doubt at this stage should be given to the accused - applicant and the rigors of Section 37 of NDPS Act should not be applied in the instant case. 10. Mr. K.K. Das, learned Addl. Public Prosecutor appearing for the State submits that vide order dated 16.10.2025, the learned Trial Court has come to categorical finding that the contraband materials so seized is more than 1 kg and therefore, he had come to a conclusion that the material is of commercial Page No.# 5/6 quantity. Therefore, the rigors of Section 37 of India's Narcotic Drugs and Psychotropic Substances (NDPS) Act shall also be applicable in the instant case. 11. This Court has gone through the materials available before this Court as well as the Trial Court record which has been submitted before this Court. 12. On perusal of the materials available in TCR, this Court could not find any materials or documents to show that actually the seized materials was weighed, excluding the plastic container bottles to come to a finding that the materials which were seized is of commercial quantity. That being so and taking into account, the ratio laid down in the case of Hari Singh (supra), this Court is of the considered view that at this stage, the benefit of doubt should be given to the accused - applicant for granting bail at this stage. 13. Accordingly, it is directed that the accused - applicant shall be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a surety of like amount to the satisfaction of Special Judge, NDPS, Hailakandi subject to the following conditions. (i) That the accused applicant shall co-operate in the trial of Special (NDPS) Case No. 15/2025 arising out of Algapur P.S. Case No. 56/2025 under Section 22(C) of the NDPS Act; (ii) That the accused applicant shall appear before the Trial Court as and when so required by the Trial Court; (iii) That the accused applicant shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present accused applicant; Page No.# 6/6 (iv) That the accused applicant shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card as well as, mobile number, and other contact details before the Trial Court; (v) That the accused applicant shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the accused applicant shall submit his address and contact details during such leave before the Trial Court; and (vi) That the accused applicant shall not commit any offence while on bail. 14. In view of the aforesaid finding, the instant bail application stands disposed of. JUDGE Comparing Assistant