Page No.# 1/4 GAHC010040792025 2025:GAU-AS:2220 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/492/2025 MD DOULAT KHAN S/O JALALUDDIN RESIDENT OF KWAKTA WARD NO 2, KWAKTA, BISHNUPUR M N-795133 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S KAUR, N NEOG,L BANIK Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 04-03-2025 Heard Ms. L. Banik, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Md. Doulat Khan, son of Jalaluddin, resident of Kwakta Ward No.2, Kwakta, Bishnupur M N-795133 has filed this application under Section 482 of the BNSS, 2023 on 27.02.2025 seeking pre-arrest bail in Dillai Police Station Case No. 02/2025 registered under Sections 21(c)/25/29 of the NDPS Act, 1985. 3. It is contended by the petitioner that he is the owner of the Night Super Bus bearing Registration No.MN-07H-0011 from which NDPS items were recovered involved in the case. To that extent, the petitioner has annexed the Registration Card of the said Night Super, seized in connection with said Dillai P.S. Case No. 02/2025 on 06.01.2025. 4. As per the FIR dated 06.01.2025 lodged before the Dillai Police Station, the case is that, on receipt of source information on 05.01.2025 around 11:00 pm, that a Night Super Passenger Bus bearing Registration No.MN-07H-0011 coming from Dimapur side and heading towards Guwahati is carrying huge quantity of NDPS items, Dillai Police Station GD Entry No. 014 dated 05.01.2025 was made and police personnel from Dillai Police Station with due authorization along with NDPS Kit, digital weighing machine, metallic seal and sealing equipment etc. proceeded to Dillai Tiniali and set up a Naka Checking on the night of 05.01.2025. During such Naka Checking, a Night Super Passenger Bus bearing Registration No.MN-07H-0011 that was coming from Dimapur side and heading towards Guwahati was intercepted and while checking the said Night Super, a secret chamber built under its foot steps was found, from where 100 Page No.# 3/4 numbers of Soap boxes of different colours, containing brown colour powdery substances suspected to be heroin, weighing about 1.220 Kgs was found that were kept concealed inside the said secret chamber built under the foot step of the said Night Super. Both the driver and the helper of the said Night Super Passenger Bus bearing Registration No.MN-07H-0011 were apprehended and taken into custody. The said Night Super Bus along with 100 numbers of Soap boxes with the powdery substances were duly seized where such search and seizure was done in presence of independent witnesses. 5. As per the Schedule of the NDPS items, 5 grm is considered to be of small quantity of heroin, whereas 250 grm is considered to be of commercial quantity. 6. In the case in hand, police personnel from Dillai Police Station recovered 1.220 Kgs of heroin, from the secret chamber built under the foot step of the said Night Super Bus, of which the petitioner is the owner. 7. 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 and any such accused may take the advantage of the decision of the Hon’ble Apex Court in the case of Tufan Singh Vs. State of Tamil Nadu”. 8. Though the petitioner submitted that he only owns the said Night Super Bus bearing Registration No.MN-07H-0011, it was rented out to a Travel Agency, but, the petitioner neither annexed any such documents to establish his such claim regarding renting out his said Night Super Bus, seized in said Dillai P.S. Case No.02/2025 to some Travel Agency, nor annexed any receipts of such monthly rents for the said Night Super. 9. Considering the above observations of the Hon’ble Apex Court in the cases of Page No.# 4/4 Samarth Kumar (Supra) and Anarul Sk. (Supra) and finding that 1.220 Kgs of heroin were recovered from the secret chamber built under the foot step of the Night Super Bus bearing Registration No.MN-07H-0011 that is 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. 02/2025. 10. Accordingly, this pre-arrest bail application of the petitioner, namely, Md. Doulat Khan, son of Jalajuddin in said Dillai P.S. Case No. 02/2025 stands rejected. JUDGE Comparing Assistant