Page No.# 1/4 GAHC010023082025 2025:GAU-AS:1816 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/247/2025 SMTI SHEETAL BAID W/O SRI RAMESH KUMAR BAID, RESIDENT OF FLAT NO. 2/A, SECOND FLOOR, KUMARPARA, KUMUDINI APARTMENT, PS BHARALUMUKH DIST KAMRUP M ASSAM 781009 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. T DEURI, MR. B KALITA,MS. L WANGSA,MS A DAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 20/02/2025 Heard Ms. T Deuri, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Smt. Sheetal Baid, wife of Shri Ramesh Kumar Baid, resident of Flat No. 2/A, Second Floor, Kumarpara, Kumudini Apartment, P.S. Bharalumukh, District-Kamrup (M), has filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending her arrest in Dillai Police Station Case No. 46/2024 registered under Sections 18(b)/25 of NDPS Act, 1985 corresponding to G.R. No. 262/2024. 3. As per the FIR dated 25.10.2024 lodged before the Officer-in-Charge of Dillai Police Station, Karbi Anglong, the case is that on 25.10.2024 around 11:30 AM, while conducting routine naka checking duty on NH-29 at 6th Mile near Forest Beat Office under Lahorijan Police Outpost under the jurisdiction of Dillai Police Station, one 6 (six) wheelers Tata truck bearing registration No. AS-01-MC-0639 that was coming from Dimapur side and heading towards Dillai side was intercepted for normal checking and during such checking of the said Tata truck, some suspected packets were found concealed inside the dashboard of the truck. On obtaining the said information, Lahorijan PP G.D. Entry No. 418 dated 25.10.2024 was made and with due authorization, search of the said truck was carried out in presence of the independent witnesses. During such search, 12 nos. of packets were recovered from the said truck bearing registration No. AS-01-MC-0639 out of which 11 nos. of such packets were wrapped with yellowish colour duct tape and in one packet, there was no wrap and suspected opium weighing about 11.500 kgs. was recovered from the said truck concealed inside its dashboard. Accordingly, those suspected opium were seized. The concerned 6 (six) wheeler Tata truck along with the mobile phone of the driver, namely, Uttam Singh Chetry @ Amit was also apprehended in the case. The petitioner is the proprietor of N.E. Logistic and the said truck bearing registration No. AS-01-MC- 0639 belongs to him under the said N.E. Logistic. The petitioner is having business of transport office and godown in the name of said N.E. Logistic and the truck was sent to Manipur for unloading of cold drinks. Page No.# 3/4 4. From the perusal of the case diary that was called for by order dated 07.02.2025, it is seen that the said truck was inspected by a Motor Vehicle Inspector deputed by the District Transport Officer, Diphu, Karbi Anglong and during inventory examination of the said truck bearing registration No. AS-01-MC-0639, it was found that secret chamber was made inside the cabin dashboard of the said truck along with one torn tube, one sized GI sheet wire from which the suspected contraband of opium were recovered. 5. Ms. Deuri, learned counsel for the petitioner submitted that the petitioner is a woman and is having two minor daughters, one of which is appearing in her examination and that her prayer for pre-arrest bail may be considered with stringent conditions. 6. In support of the case of the petitioner, Ms. Deuri, learned counsel has relied on the decisions of the case of Balbir Singh Vs. State of Orissa, reported in 1995 Crl. L.J. 1762 (Orissa High Court) as well as Smt. Anima Prava Roy Vs. State of Andhra Pradesh, reported in 1999 Crl. L.J. 2564 (Andhra Pradesh High Court). 7. Ms. Deuri, learned counsel for the petitioner also submitted that confession of the co- accused cannot be treated as substantive evidence and that the matter relates to recovery of 11.5 kgs. of opium from a secret chamber made in the dashboard of the concerned Tata truck that belongs to the petitioner, which was driven by its driver who has already been arrested. 8. As per the NDPS Act, 2.5 kgs. and above is the commercial quantity of opium and in the case in hand, 11.5 kgs. of opium were recovered from the secret chamber made inside the cabin dashboard of the said truck owned by the petitioner. 9. The Hon’ble Apex Court in the case of the State of Haryana Vs. Samarth Kumar (Criminal Appeal No. 1005/2022), decided on 20.07.2022 and in the case of Anarul Sk. Vs. the State of West Bengal in Special Leave to Appeal (Crl.) No. 12621/2024 by order dated 19.09.2024 have held that “to grant anticipatory bail pertaining to recovery of commercial quantity of NDPS item is not really warranted”. 10. The accused persons involved in such recovery of NDPS items of commercial quantity granted the advantage of decision in the case of Tofan Singh Vs. State of Tamil Nadu while arguing for regular bail by filing a necessary application at the time of final hearing. Page No.# 4/4 11. Considering the above observations of the Hon’ble Apex Court in the cases of Samarth Kumar (Supra) and Anarul Sk. (Supra) and finding that 11.5 kgs. of opium were recovered from the secret chamber made inside the cabin dashboard of the said truck owned by the petitioner, this Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, named above, in said Dillai P.S. Case No. 46/2024. 12. Accordingly, this pre-arrest application of the petitioner, namely, Smt. Sheetal Baid in said Dillai P.S. Case No. 46/2024 stands rejected. JUDGE Comparing Assistant