Page No.# 1/4 GAHC010043542025 2025:GAU-AS:4009 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./615/2025 SHAMIM AHMED LASKAR S/O SALIM UDDIN LASKAR R/O HAILAKANDI, WARD NO. 8, BTC ROAD, GANGPAR DHONKAR PART- III,P.O. LAKSHMISAHAR, P.S.HAILAKANDI, DIST. HAILAKANDI, ASSAM VERSUS THE UNION OF INDIA AND ANR. TO BE REP. BY THE DIRECTORATE OF REVENUE INTELLIGENCE, GUWAHATI, ASSAM 2:THE STATE OF ASSAM TO BE REP. BY THE PP ASSA Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS A BEGUM Advocate for the Respondent : SC, DRI, PP, ASSAM BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 03-04-2025 Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner and Ms. M Deka, learned counsel appearing on behalf of Mr. S. C. Keyal, learned Standing Counsel, Directorate of Revenue Intelligence (DRI) for the respondent No.1. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. Page No.# 2/4 2. The petitioner, namely, Shamim Ahmed Laskar, son of Salim Uddin Laskar, resident of Hailakandi Ward No.8, BTC Road, Gangpar Dhonkar Part-III, P.O.- Lakshmisahar, Police Station-Hailakandi, District-Hailakandi, Assam, has filed this application under Section 483 BNSS, 2023 on 27.02.2025 seeking bail in DRI Case No.26/CL/IMP/CIG/DRI/GZU/2024-2025 under Sections 110/104/135 of the Customs Act, 1962, in which, he was arrested on 17.02.2025 and is in custody since then. 3. Matter relates to recovery of 19,85,000 sticks of cigarettes of foreign origin, total valued at Rs.3,37,45,000/- from a Ashok Leyland Truck bearing Registration No.AS-26-C- 9100, where the petitioner, Shamim Ahmed Laskar is the helper of the said Truck. 4. The DRI officials on specific input on the evening of 17.02.2025 intercepted the said Ashok Leyland Truck bearing Registration No. AS-26-C-9100, parked on the road side near Jorabat, Kamrup. In front of the said Truck, a white TATA Safari Car bearing Registration No.AS-01-FA-6050 was found parked, in which, one Manoj Kumar Sharma was found in the steering wheel inside the car, who was taking with one Jahirul Islam Choudhury standing outside the said Safari Car. After apprehending those three persons, the said Truck as well as the Safari Car were brought to the office of the DRI Zonal Office at Guwahati. Though the Truck was found loaded with Waste Paper Cartons, but after removing of those Cartons, 19,85,000 numbers of cigarettes sticks of brand “GOLD FLAKE” (made in India) recovered from 198 numbers of brown colour master cartons with 50 smaller boxes each, 20 retail packets each, with 10 sticks each=19,85,000 sticks were recovered. Further, one HDPE package in loose containing 25 read packaging with “PNUI Red” x 20 retail packets x 10 sticks, equivalent to 5000 cigarette sticks with name “GOLD FLAKE” brand with “MADE IN INDIA” as printed recovered from the said Truck. 5. The respondent DRI authorities found the involvement of those three persons including the petitioners and two others namely Parvez, the driver of the truck, who fled away from the scene seeing the DRI officials and one Shajidul, who came in a Maruti Alto Car with the petitioner, Jahirul Islam Choudhury and fled away from the scene after seeing the DRI officials and dropped the petitioner, Jahirul Islam Choudhury by the side of the road. 6. According to the respondent DRI, the petitioner along with said Parvez, the driver of Page No.# 3/4 the truck, Shajidul, and Jahirul Islam Choudhury are involved in smuggling of foreign Cigarette. 7. Mr. Barbhuiya, learned counsel for the petitioner submitted that considering his detention in custody since 17.02.2025, he may be considered for his bail. 8. Mr. Barbhuiya, learned counsel for the petitioner also placed before the Court that main accused of the case, Manoj Kumar Sharma who was arrested with the petitioners have already been granted bail by the Court of learned Additional Session Judge No.1, Kamrup (Metro), Guwahati on 27.03.2025. 9. Though the Court wanted to know from the SC, DRI as to whether the seized cigarette sticks are of foreign origin or not, the records placed before the Court today by Ms. M. Deka, did not indicate anything except the communication made to the ITC for verification of those seized cigarette sticks. 10. Considering such materials in the records, the period of detention of the petitioner in custody since 17.02.2025 and the fact that the Ashok Leyland Truck bearing Registration No. AS-26-C-9100, the TATA Safari Car bearing Registration No.AS-01-FA-6050 as well as the 19,85,000 sticks of cigarettes of foreign origin have already been seized in the case, this Court is of the opinion that further custodial detention of the petitioner is not warranted for further investigation of said DRI Case No.26/CL/IMP/CIG/DRI/GZU/2024-2025. As such, this bail application of the petitioner is accepted. 11. Accordingly, the petitioner, namely, Shamim Ahmed Laskar, son of Salim Uddin Laskar is granted bail in said DRI Case No.26/CL/IMP/CIG/DRI/GZU/2024-2025 on furnishing a bail bond of Rs. 50,000/- with two local sureties each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, on conditions that the petitioner – (i) shall appear before the Investigating Officer of said DRI Case No.26/CL/IMP/CIG/DRI/GZU/2024-2025 as and when he is required for necessary investigation of said Case; (ii) shall not leave the territorial jurisdiction of DRI, Guwahati, without obtaining prior written permission from the concerned Investigating Officer of said DRI Page No.# 4/4 Case No.26/CL/IMP/CIG/DRI/GZU/2024-2025; (iii) shall not hamper with the investigation or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not indulge himself in any criminal activities in future. 12. Any violation of the aforesaid terms and conditions by the petitioner, Shamim Ahmed Laskar, the bail granted to him in the aforementioned DRI Case No.26/CL/IMP/CIG/DRI/GZU/2024-2025 shall stand automatically vacated. 13. This bail application accordingly stands disposed of. 14. Return the records of DRI Case No.26/CL/IMP/CIG/DRI/GZU/2024-2025. JUDGE Comparing Assistant