Page No.# 1/5 GAHC010031432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/360/2025 SUNIL NARZARY S/O SMBARO NARZARY R/OMILANPUR VTC NO. 1, HUGRAJULI BAGAN, P.S. AND P.O. DHEKIAJULI DIST.SONITPUR VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL,MS. K MALAKAR,MR. A BHATTACHARJEE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.03.2025 1. Heard Mr. A. Bhattacharya, the learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/5 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Sunil Narzary, who is apprehending his arrest in connection with Mazbat P.S. Case No.5/2025 under Section 20(b)(ii)(C)/29 of NDPS Act, 1985. 3. The gist of accusation in this case is that on 24.01.2024, one Pranab Barua, SI had lodged an FIR before the Officer-in-Charge of Mazbat Police Station, inter-alia, alleging that on that day at about 7.30 pm, an information was received through reliable sources regarding transportation of illegal ganja from Bahadur Adarsh Gaon towards Mazbat in a white-coloured Tata Tiago vehicle bearing Registration No. AS-12-R-3902. 4. Accordingly, a police party was constituted and it proceeded towards the Bahipukhuri Bagan, Orang and there police team saw the vehicle mentioned by the secret sources. 5. The vehicle was stopped near Mazbat Police naka checking point and one person, namely, Sigam Basumatary, who was one of the occupants of the vehicle, was apprehended. The driver of the vehicle was able to flee away from that place. 6. During the search of the said vehicle, 62.840 kg of suspected ganja was recovered from the said vehicle. 7. It is further stated in the FIR that during the interrogation of the apprehended accused person, name of one Ajoy Basumatory was revealed by him, as the owner of the seized contraband. 8. The learned counsel for the petitioner has submitted that the vehicle seized in this case belongs to the petitioner, which he had given to Ajoy Page No.# 3/5 Basumatory on 24.01.2025 for the purpose of going to Bhairavkund for picnic. 9. He submits that the petitioner was not found in possession of the seized contraband and he was not aware that the Ajoy Basumatory would be carrying the seized contraband in his vehicle without his permission. 10. The learned counsel for the petitioner has also submitted that the petitioner is facing a trial in another case, i.e., SPL (N) No. 48/2024 which is pending before the learned Special Judge, Udalguri where he is regularly appearing before the trial court. 11. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in this case as earlier he lodged a complaint against the Officer-In-Charge of the Mazbat Police Station and therefore, due to vindictiveness he has been implicated in this case. 12. The learned counsel for petitioner has submitted that as the vehicle of the petitioner was utilized by the accused person including the Ajoy Basumatory to carry seized contraband without his permission, he is not involved in offence alleged in the case, therefore, he prays for allowing him to go on anticipatory bail. He further submits that he is ready to co-operate in the investigation. 13. On the other hand, Mr. P. S. Lahkar, the learned Additional Public Prosecutor has produced the case diary of Mazbat Police Station Case No. 5/2025 and has submitted that there are sufficient incriminating materials in the case diary which shows the complicity of the present petitioner in the offence alleged in this case. 14. He also submits that it is not for the first time that the petitioner has been involved in an offence relating to NDPS Act, 1985. He submits that before this case, another case, i.e., SPL (N) No. 48/2024 was registered in respect of offences under NDPS Act, 1985 against the present petitioner. Page No.# 4/5 15. The learned Additional Public Prosecutor for the State respondent has opposed the grant of bail on the ground that the petitioner is a repeated offender of offences involving NDPS Act, 1985. 16. I have considered the submissions made by the learned counsel for both sides. 17. On perusal of the materials available on record, it appears that the apprehended accused persons, namely, Sigam Basumatary, has disclosed during interrogation that the seized contraband belonged to Ajoy Basumatary. 18. At this stage of investigation, apart from the fact that the seized vehicle from where the contraband was recovered is owned by the present petitioner, no other incriminating material is there against him in the case diary not even the apprehended co-accused has named the present petitioner. 19. Therefore, at this stage, this Court is of the considered opinion that the embargo of Section 37 of the NDPS Act, 1985 is not applicable to him. 20. This anticipatory bail is, therefore, disposed of with a direction to the petitioner to appear before the Investigating Officer of Mazbat P.S Case No.5/2025 within a period of 10 days from the date of this order and cooperate in the investigation. If he does so within a stipulated period of time, in the event of his arrest in connection with Mazbat P.S Case No.5/2025, the above-named petitioner shall be allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand only), with one surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner 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 Page No.# 5/5 facts of the case before the Investigating Officer. 21. Send back the case diary. JUDGE Comparing Assistant