Page No.# 1/4 GAHC010201632025 2025:GAU-AS:16169 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2962/2025 HAZARAT ALI S/O LATE ABDULLATIF VILL- KACHUTOL P.O. AND P.S. SONAPUR DIST. KAMRUP, ASSAM PIN-782402 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. M DEV, MS N DEB,MS P DEB Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 27.11.2025 Heard Ms. M. Dev, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/4 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Hazarat Ali, arrested on 25.06.2025, has prayed for bail in connection with Mangoldoi P.S. Case No. 126/2025 under Section 20(b)(ii) C/29 of NDPS Act, 1985. 3. The aforesaid police case was registered on the basis of FIR dated 25-06- 2025, in which the gist of the allegations is that during a naka checking the present petitioner and another Abbas Ali were found in a vehicle (Tata Magic) bearing registration No. AS-01-PC-8405. Upon search, five numbers of white coloured plastic bags containing suspected ganja were recovered and these were found to be 25.340 kgs along with the plastic bags. 4. The scanned case record, as called for, has been received. 5. The case is charge-sheeted and presently pending before the learned trial court at the stage of production and consideration of charge. 6. The learned counsel for the petitioner seeking bail submits that they have been in detention since a considerable period and the quantity of suspected ganja is stated to be weighing 25.340 kgs including all plastic bags and therefore, it cannot be said that it falls in the bracket of commercial quantity. 7. Referring to the decision of the Hon’ble Supreme Court in the cases of Ranjan Kumar Chadha vs. State of Himachal Pradesh, reported in AIR 2023 SC 5164 and State of Rajasthan vs. Parmanand & Ors., reported in (2014) 5 SCC 345 - it is contended that there was no proper compliance with Section 50 and as the notice under Section 50 cannot be given by joint communication to both the accused persons. 8. On the other hand, the learned additional public prosecutor submits that there are sufficient incriminating materials; the FSL report has also returned a Page No.# 3/4 positive finding of cannabis ganja; the seizure of the contraband has been supported by seizure witnesses. 9. I have considered the submissions and perused the relevant materials. 10. In the instant case, prima facie, it is alleged that the recovery was in the form of packets from the vehicle and therefore, per se there would not be applicability of Section 50 of the NDPS Act as the said provision is applicable only to personal body search of the accused persons and recovery thereof. 11. With regard to the contention of the petitioner’s side about the quantity of the suspected ganja not falling in the bracket of commercial quantity due to the given weight being inclusive of plastic packets – it is clear that quantity above 20 kgs in case of ganja falls in the bracket of commercial quantity and the quantity in question in the instant case is slightly more than 25 kgs and the weight of the plastic packets would not be 5 kgs and therefore, even without the plastic packets, the weight of the contraband/ganja will in all probability be above 20 kgs. Therefore, I am of the considered view that at this stage, it cannot be held that the quantity would not fall in the bracket of commercial quantity. 12. I also find force in the contention of the prosecution that the seizure of witnesses have cogently supported the seizure of the contraband. Despite the length of under trial detention on the basis of the materials, it cannot be said prima facie that the accused/petitioner is not guilty within the meaning of Section 37 NDPS Act and therefore, at this stage granting of bail would be statutorily prohibited. 13. In such view of the matter, the instant bail petition stands rejected at this stage. Page No.# 4/4 14. The bail petition stands disposed of accordingly. JUDGE Comparing Assistant