Page No.# 1/4 GAHC010125192026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1701/2026 AJIDUL BHUYAN ALIAS AZIDUL BHUYAN S/O ABDUL MALEK BHUYAN VILLAGE - KOTAHBARI, FAKAR UDDIN ALI AHMED PATH, BY LANE No.6 N.C., P.S.- GARCHUK, DISTRICT - KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 27-08-2026 Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional PP for the State. 2. Invoking the provisions of section 483 BNSS, the petitioner namely, Ajidul Bhuyan alias Azidul Bhuyan, is seeking regular bail in Page No.# 2/4 connection with Kalgachia PS Case No. 47/2026 which was registered based on an FIR dated 10.05.2026 lodged by a police official of Balikuri Outpost under the said police station. 3. The allegations in a nutshell are that on the same date, in the very early hours, information was received about the petitioner dealing and selling of Codine based cough syrup “Vincof-TK” in that area for a considerable period of time. Accordingly, GD No. 22 of the same date was made in the Kalgachia Police Station and search operation was initiated. 4. Subsequently, upon conducting the search, one carton containing such “Vincof-TK” cough syrup was recovered from the courtyard of his uncle’s residence. However, during interrogation, he disclosed that the said contraband belonged to him and it was intended for illegal sale in the area. 3 (three) witnesses have been mentioned in the FIR, who were requested to participate in the search and they accordingly did so. 5. The petitioner was arrested on the same date, i.e., on 10.05.2026 and is presently in judicial custody. Completion of investigation resulted in a chargesheet under section 22 (c) of the NDPS Act and the case is presently stated to be pending at the stage of trial before the learned Special Judge, Barpeta by way of Special NDPS Case No. 45/2026. 6. The scanned TCR was called for and received. 7. The learned Additional PP submits that the investigation has revealed incriminating materials against the petitioner due to which the chargesheet was submitted. It is also further contended by the Page No.# 3/4 prosecution that the sample which was sent for FSL examination returned positive finding for Codine. 149 bottles which were purportedly seized during the time of the incident is stated to be falling in the bracket of commercial quantity of psychotropic substances under section 22 (c) of the NDPS Act. 8. I find from the record that 13 (thirteen) witnesses are listed in the chargesheet. The 3 (three) purportedly independent civilian seizure witnesses who were mentioned in the FIR have supported the allegations in their statements recorded during investigation. 9. I have carefully perused all 3 (three) statements and all the 3 (three) witnesses have stated about the allegation regarding the seizure of carton of cough syrups containing 149 bottles. I have perused the inventory documents as well as the FSL report. The statement of other witnesses including some members of the search team are also incriminating in nature. 10. In the circumstances, considering the applicability of section 37 of the NDPS Act, it is not possible to say that there are reasonable grounds to believe that the petitioner is not guilty of the alleged offences. Therefore, the rigours of section 37 comes into play prohibiting grant of bail at this stage. Therefore, there is no option but to reject the bail petition at this stage and is accordingly done so. 11. It is clarified that whatever is mentioned here is only for the purpose of adjudication of the bail petition and should not be taken to expressing any opinion of the merits of the case pending for trial either to the Page No.# 4/4 prejudice of the defence or the prosecution. The learned Trial Court shall make an endeavour to expeditiously conduct and complete the trial. 12. The bail petition stands dismissed and disposed of. JUDGE Comparing Assistant