Page No.# 1/4 GAHC010228142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2487/2025 SUMIDUL ALAM BONG @ SUMIDUL ALAM BARBHUIYA @ SUMIDUL ALOM BARBHUIYA @ SUMIT S/O TAZ UDDIN BARBHUIYA, R/O DIDARKOSH PT. I, P.S. - KACHUDARAM, PIN - 788099, DIST. - CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY P.P, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR. S. RONGPI,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 04.12.2025 Heard Ms. S. G. Baruah, learned counsel appearing for the accused/applicant. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State. Page No.# 2/4 This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail to the accused/applicant, viz., Sumidul Alam Bong @ Sumidul Alam Barbhuiya @ Sumidul Alom Barbhuiya @ Sumit in connection with NDPS Case No.11/2025 pending before the learned Special Judge, Dima Hasao, Haflong arising out of Harangajao P.S. Case No.20/2024 corresponding to G.R. Csae No.186/2024 registered under Sections 21(c)/29 of the NDPS Act. The allegation as alleged in the F.I.R. dated 09.11.2024 is that during naka checking at Council Gate, NH-27, Dittokcherra, the police official along with APBn. staff apprehended and intercepted one Maruti Swift Dzire vehicle. On questioning, the driver who identified himself as Jamir Ali could not produce any document regarding the ownership of the vehicle. On suspicion, the police started checking the vehicle and recovered 297.1 gms. of heroin excluding the soap cases from a hidden chamber of the aforesaid vehicle. Accordingly, the police registered Harangajao P.S. Case No.20/2024 and after investigation, the police has filed the Charge-Sheet on 31.01.2025. The allegation against the accused/applicant is that he has been found sending money for procurement of the alleged drug to the alleged accused persons viz., Abdul Goni and Abu Salem, who, in turn, engaged Jamir Ali as the driver of the vehicle. The police has filed the Page No.# 3/4 Charge-sheet in the instant case showing the accused/applicant as an absconder. The learned counsel appearing for the accused/applicant submits that though the accused/applicant has been shown as an absconder, he is very much willing to cooperate with the trial by appearing before the Trial Court. The learned Addl. P.P., on the other hand, submits that since the quantity so recovered is of more than the commercial quantity, Section 37 of the NDPS Act will be applicable in the instant case. Therefore, he opposes any pre-arrest bail to the accused/applicant at this stage. He further submits that since the accused/applicant was absconding, Non- Bailable Warrant of Arrest (NBWA) has already been issued by the Trial Court in his name. This Court has heard the submissions made by the respective learned counsel for the parties and has gone through the scanned copy of the record of the NDPS case which has been received from the Trial Court. Considering the whole aspect of the matter as well as the fact that the contraband materials recovered is a commercial quantity involving several persons prima facie who seem to be regular offender in peddling with the drugs, this Court is of the considered opinion that at this stage, the privilege of pre-arrest bail should not be granted to the Page No.# 4/4 accused/applicant. In view of the aforesaid prima-facie finding, this A.B. Application is rejected. JUDGE Comparing Assistant