Page No.# 1/4 GAHC010141882026 2026:GAU-AS:12228 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1906/2026 ELIAS AHMED ALIAS ILIAS AHMED S/O HABIJUL, R/O VILL- LENGRIBURI, P.S. MOIRABARI, DIST. MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : A MISHRA, MR. A TARAFDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 26-08-2026 Heard Mr. A. Tarafdar, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional PP for the State. 2. Invoking section 483 BNSS, the petitioner is seeking regular bail in connection with Nagaon PS Case No. 470/2026 under section 21(c)/25 Page No.# 2/4 and 29 of the NDPS Act. The petitioner along with two other accused persons were arrested on 18.06.2026. 3. The case arose out of an FIR dated 18.06.2026 with the allegation that on the same day in the morning, the informant received source information that a vehicle bearing registration No. AS01DB8800 was travelling from Silchar towards Guwahati to deliver and sell large quantity of NDPS contraband in Nagaon. Accordingly, GDE No. 08 of Nagaon PS was made on the same date and a police team proceeded to conduct a Naka checking at the Kathiathali-Borghat bypass Road. 4. During the checking, the target vehicle of which information was received was noticed coming and it was signalled to stop, but the driver attempted to flee. It is further alleged that, however, the vehicle was chased and later apprehended along with 3 persons and upon search, suspected heroin weighing about 750.42 grams, excluding soap boxes was found and seized along with some electronic components like mobile phones, etc. The search and seizure was conducted in the presence of 2 purportedly independent witnesses whose names are mentioned in the FIR. 5. The learned counsel submits that he is not connected with the alleged offence and that the other two accused persons are known to him and that he had taken a lift in the vehicle and on the way the incident happened and he is victim of circumstance. It is also submitted that the petitioner suffers from 40% disability and in that regard disability certificate dated 09.02.2026 has been annexed. Page No.# 3/4 6. The case diary as called for has been received. 7. The learned Additional PP opposing the bail submits that the investigation has revealed involvement and implication of all the 3 (three) accused persons who were apprehended in the vehicle along with the suspected heroin falling in the bracket of commercial quantity. 8. I have gone through the relevant portions of the case diary placed before the Court. 9. The informant and other witnesses of the search team from the police have supported the allegations and stated in detail about the seizure of different quantities of heroin found in different soap boxes totalling 750.42 grams. 10. It may be mentioned herein that for heroin the quantity above 250 grams falls in the bracket of commercial quantity, in respect of which the rigours of section 37 of NDPS Act also applies. 11. I have carefully perused the seizure documents and the statements of the purportedly independent seizure witnesses, both of whom have fully supported the allegations about the seizure of the contraband upon search of the vehicle. They have also stated that the contraband was found in a hidden chamber of the vehicle. Though the statement of the accused petitioner recorded during the investigation would not be admissible but the nature of his statement is contrary to the contention that he is an innocent victim of circumstances. In any case, the question as to whether the petitioner was indeed in conscious possession of the contraband would Page No.# 4/4 be a subject for the investigation and eventually, a matter of trial, if the case proceeds to one. 12. Upon perusing the incriminating materials revealed by the investigation as discussed above, this Court is unable to opine that there are no reasonable grounds to believe that the accused petitioner is not guilty of the alleged offences. 13. Consequently, the statutory bar under section 37 of the NDPS Act would be applicable at this stage and granting of bail would be statutorily prohibited at this stage. 14. In such view of the matter, the bail petition of the petitioner, Elias Ahmed @ Ilias Ahmed, stands rejected at this stage. 15. Return the CD. 16. The bail petition stands disposed of. JUDGE Comparing Assistant