Page No.# 1/4 GAHC010035632025 2025:GAU-AS:3522 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./557/2025 HANIF UDDIN S/OLT. ABDUL HAMID VILL-SOUTH KEOWTI P.O.ASHLKANDI P.S. PATHARKANDI DIST. SRIBHUMI, ASSAM PIN-788724 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. M U MAHMUD, MR S ISLAM,MR S H MAHMUD,Q A AKHTAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26.03.2025 Heard Ms. D Bora, learned counsel appearing on behalf of Mr. M U Mahmud, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Hanif Uddin, son of late Abdul Hamid, resident of village-South Keowti, P.S.-Patharkandi, District-Sribhumi, has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 18.02.2025 seeking bail in Special (NDPS) Case No. 78/2024 arising out of Ratabari Police Station Case No. 154/2024 under Sections 22(c)/25/29 of the NDPS Act, corresponding to G.R. No. 1436/2024, in which he was arrested on 26.11.2024 and is in custody since then. 3. It is contended by the petitioner that he is no way connected with the case and that he has been working in a hotel at Mumbai as a waiter for the last ten years. As such, considering his detention since 26.11.2024, his bail prayer should be considered. 4. By order dated 03.03.2025, scanned copy of the relevant case records of Special (NDPS) Case No. 78/2024 as well as the copy of the records of Ratabari Police Station Case No. 154/2024 was called for from the Court of the learned Special Judge (NDPS) cum Sessions Judge, Sribhumi (Karimganj). 5. As per the FIR dated 11.07.2024 lodged by the complainant, Sub-Inspector of Police of Ratabari Police Station, the case is that on receipt of reliable information that large quantity of Narcotic drugs suspected to be Yaba Tablets kept concealed in an Alto Car bearing Registration No. AS-23-Z-6145 was coming from Champhai side of Mizoram towards Patharkandi via Veterbond-Dullavcherra PWS road to deliver those at Patharkandi area, police personnel after Page No.# 3/4 entering the said information in the General Diary proceeded to the relevant place to conduct Naka checking. During naka checking before Ratabari Police Station the said vehicle was intercepted in presence of independent witnesses and during search, police recovered 1,00,000 Nos. of Yaba Tablets weighing in total 10277 Grams. 6. The petitioner was accordingly apprehended on 26.11.2024 and was accordingly produced before the Court of learned Additional Sessions Judge, Sribhumi. 7. The seized substances after making inventory were forwarded to the FSL for necessary examination and report. 8. FSL report dated 20.09.2024 of the seized NDPS substances from the possession of the petitioner confirmed the presence of Methamphetamine, a scheduled NDPS item. 9. Police after completion of investigation of the case submitted charge-sheet in said Ratabari Police Station Case No. 154/2024 on 31.12.2024 under Sections 22(c)/25/29 of the NDPS Act against the petitioner and three other accused persons of the case with 15 Nos. of named prosecution witnesses. 10. After submission of the charge-sheet, said Ratabari Police Station Case No. 154/2024 corresponding to G.R. No. 1436/2024 was registered and numbered as Special (NDPS) Case No. 78/2024 and the learned Trial Court on 08.01.2024 took cognizance of the offence under Sections 22(c)/25/29 of the NDPS Act against the four accused persons of the case including the petitioner. 11. It is seen that on 04.03.2025, the Court of learned Special Judge (NDPS), Sribhumi in said Special (NDPS) Case No. 78/2024 framed charge under Sections 22(c)/25/29 of the NDPS Act against all the accused persons of the case, including the present petitioner. 12. The records of case indicate that two of the accused persons of the case reached Champai, Mizoram to pick the consignment of drug from the petitioner and one Jakir Hussain another accused, who were already present at Champai and those two accused persons, Motlib Ali and Nazmul Hussain after picking up the consignment of drugs returned to Patharkandi, Karimganj with the petitioner and other accused persons. 13. CDR analysis of the mobile phones of the petitioner and other three accused persons of the case clearly indicates their existence together and that the petitioner was constantly in touch with them till such NDPS items were lifted by the other two accused persons. Page No.# 4/4 14. Charge-sheet of the case clearly indicates the connection of the petitioner with the other accused persons of the case and their constant touch over their mobile phones pertaining to supply and delivery of the consignment of the drugs (Yaba Tablets) from Mizoram to Karimganj. 15. Considering such incriminating materials in the case records regarding the involvement of the petitioner in the alleged crime, this Court is of the opinion that detention of the petitioner in custody since 26.11.2024 cannot be considered for his bail in said Special (NDPS) Case No. 78/2024 arising out of Ratabari Police Station Case No. 154/2024. 16. Accordingly, bail application of the petitioner, Hanif Uddin, son of late Abdul Hamid, in said Special (NDPS) Case No. 78/2024 arising out of Ratabari Police Station Case No. 154/2024 pending before the Court of the learned Special Judge (NDPS) cum Sessions Judge, Sribhumi (Karimganj), stands rejected. 17. Bail application accordingly stands disposed of. JUDGE Comparing Assistant