Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010060212026
2026:GAU-AS:4333
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./877/2026 PAOMINTHANG VAIPHEI SON OF- KHAMA VAIPHEI, RESIDENT OF VILL.- NAKHUJANG, P.O. AND P.S.- KHARAM THADOI, DISTRICT-SENAPATI, MANIPUR. PIN-795146. VERSUS THE UNION OF INDIA REPRESENTED BY THE DIRECTORATE OF REVENUE INTELLIGENCE Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : SC, DRI,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26/03/2026
1. Heard Mr. L.R. Mazumdar, learned counsel for the petitioner and Mr. S.C. Keyal, learned counsel appearing for the respondent DRI.
2. This is a second bail application for bail. The earlier application having been rejected by order dated 26/09/2025 passed in BA No. 2459/2025.
3. On perusal of the present bail application and upon hearing the learned
Page No.# 2/2 counsel for the petitioner, I find that the so called new ground regarding alleged violation of section 36 BNSS was available even at the time of filing of the first bail application but in the said application, no challenge to the validity of the notice under section 36 of BNSS was made. Rather, it appears that the said notice was referred to specifically and it was submitted that compliance with section 36 of BNSS does not amount to compliance with section 47/48 of the BNSS, which contentions stood repelled in the aforesaid order. Therefore, it cannot be said that any new ground has arisen in the present petition. Since the case involves commercial quantity of narcotic drugs and the bar of section 37 NDPS Act is attracted in the present case and it has already been held that from the materials available on record, there was no reasonable ground to believe that the accused person may not be guilty of the alleged offence of possessing and transporting commercial quantity of contraband drugs, there exists no reason at present to depart from the aforesaid findings. Consequently, the bail petition stands dismissed.
JUDGE Comparing Assistant