Page No.# 1/4 GAHC010253142025 2025:GAU-AS:16528 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2720/2025 ROBEL MIAH S/O KAPIL UDDINR/O MADHYA BOXANAGARP.S KALAM CHOWRA, DIST SEPAHIJALA, TRIPURA VERSUS THE UNION OF INDIA TO BE REPRESENTED BY THE S.C, NARCOTICS CONTROL BUREAU, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR S A SIKDER,MR. I U CHOWDHURY,MR. SAYED SALIM AHMED Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 02.12.2025 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. I. U. Choudhury, learned counsel for the accused-applicant. Also heard Ms. M. Deka, learned counsel appearing on behalf of Mr. S. C. Keyal, learned Standing Counsel for the NCB. Page No.# 2/4 2. This application has been filed by the applicant, namely, Robel Miah, under Section 482 of the BNSS, 2023, who is apprehending his arrest in connection with NCB Guwahati Crime No. 10/2025, registered under Section 8(c)/22(C)/29 of the NDPS Act. 3. The brief facts of the case are that the NCB Guwahati Zonal Unit on 23.07.2025 at around 2030 hrs, received an information from a reliable source that one person namely, Santosh Kumar Tamilselvan was carrying 30-35 kgs of Methamphetamine tablets and he would be reaching at Hojai Railway Station on 25.07.2025 by Nagaland Express. After receipt of the aforementioned information, a team of NCB officials proceeded to the place of occurrence and after apprehending the aforesaid Santosh Kumar Tamilselvan, the contraband materials were seized from his possession. Accordingly, the NCB registered the case being NCB Guwahati Crime No. 10/2025, under the aforementioned sections. 4. It is stated that the accused-applicant is a Constable in the Border Security Force (BSF) and presently stationed in Mizoram. It is stated that on 29.09.2025, he received summons under Section 67(c) of the NDPS Act, 1985, whereby, he was requested to be present before the concerned officer of NCB on 23.10.2025 in connection with the aforementioned NCB Guwahati Crime No. 10/2025. It is stated that on receipt of the aforesaid summons, the accused-applicant requested for extension by way of sending an e-mail to the concerned NCB officials, however, he has not received any reply from the NCB officials in regard to his request as yet. 5. The learned Senior Counsel for the accused-applicant submits that the accused- applicant is no way linked with the aforesaid offence alleged to have been committed by the aforesaid Santosh Kumar Tamilselvan. However, since he has received the summon, he is seriously apprehending arrest in connection with the aforementioned case and therefore, he has filed the instant anticipatory bail application for his release. 6. The learned Senior Counsel submits that, in fact, the accused-applicant has been Page No.# 3/4 unnecessarily dragged into the instant case, as he is totally unaware of any such offences ever committed neither by him or any of his known person. The learned Senior Counsel submits that in fact, one sim card was found in the possession of the another accused namely, Rakesh Ahammed, who is married to his sister-in-law and being relatives, the wife of the accused-applicant had handed over a sim card to her sister who is the wife of co-accused Rakesh Ahammed for temporary use, however, the same was not taken back by the accused-applicant as the same was forgotten both by his wife and himself. The learned Senior Counsel submits that the aforesaid Rakesh Ahammed was arrested in connection with the aforementioned case and since, from his possession, the sim card was recovered by the NCB officials, the NCB officials are dragging the accused- applicant in the instant case. The learned Senior Counsel submits that the accused- applicant is a responsible citizen working in the BSF and in the event of his arrest, an irreparable loss would be caused to him and his family. In view of the aforesaid, the learned Senior Counsel submits that this is a fit case, wherein, this Court should grant the relief of pre-arrest bail to the accused-applicant at this stage, as the accused-applicant is ready for total co-operation with the NCB officials in the instant case. 7. Ms. M. Deka, learned counsel for the NCB has not objected seriously to such prayer made by the counsel for the accused-applicant. 8. This Court has gone through the Case Diary submitted as well as perused the materials placed before this Court. 9. On perusal of the material contents in the Case Diary, this Court could not find any such prima-facie incriminating materials against the accused-applicant. Therefore, taking the entire facts of the matter in it’s entirety, this Court is of the considered view that the accused-applicant has made out a case wherein, this Court should grant the privilege of pre-arrest bail to the accused-applicant. 10. Accordingly, it is directed that in the event of arrest of the accused-applicant in connection with the NCB Guwahati Crime No. 10/2025, registered under Section Page No.# 4/4 8(c)/22(C)/29 of the NDPS Act, by the NCB officials, he shall be released on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with a surety of like nature to the satisfaction of the concerned Investigating Officer in connection with the aforementioned case, subject to the following conditions: - (i) that the accused-applicant shall appear before the Investigating Officer within a period of 10 days of passing of this order and shall co-operate with the investigation and make himself available before the NCB officials as and when required. (ii) that the accused-applicant shall not, directly or indirectly, make any attempt to influence witnesses or tamper with evidence or induce any person acquainted with the facts of the case to dissuade them from disclosing such facts to the investigating authority. (iii) 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 NCB officials. 11. In view of the aforesaid directions, the instant Anticipatory Bail Application is disposed of as allowed. JUDGE Comparing Assistant