Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010130722026
2026:GAU-AS:12169
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1741/2026 ABUL KALAM SON OF APTAB UDDIN, RESIDENT OF VILLAGE KANAKPUR, PO KAYASTHA GRAM, PS NILAMBAZAR, DISTRICT SHRIBHUMI, ASSAM PIN 788719 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NARCOTIC CONTROL BUREAU (NCB), GUWAHATI ZONE. Advocate for the Petitioner : MR. A K TALUKDAR, MRS. H THAKURIA Advocate for the Respondent : SC, NCB,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 25-08-2026 Heard A. K. Talukdar, learned counsel appearing for the accused applicant and Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India appearing for NCB.
Page No.# 2/4
2. This is an application under Section 483 of the BNSS, 2023 for granting bail to the accused applicant namely, Abul Kalam, who was arrested on 14.07.2025, in connection with NCB Guwahati Zonal Unit, Crime No. 09/2025 under Section 8(c) read with Sections 22(c)/29 of the NDPS Act, 1985.
3. The gist of the prosecution’s case is that on 13.07.2025 at about 17:00 hours, Shri Pankaj Kumar Chouhan, Inspector, NCB, Guwahati, received a secret information that between 23:00 hours of 13.07.2025 and 02:00 hours of 14.07.2025, three persons, namely (1) Md. Murad, (2) Sayed Musa, and (3) Md. Yakub Ali, all residents of Sangaiyumpham under P.S. Thoubal, Manipur, would be trafficking approximately 10 kgs. of Methamphetamine tablets in a Mahindra XUV bearing registration No. AS 01 EX 5075 coming from Jagiroad side towards Guwahati. Pursuant thereto, on 14.07.2025, the NCB team intercepted the said vehicle at Nazirakhat Toll Plaza and apprehended the aforesaid three persons. It was alleged that, upon interrogation, the said persons admitted to trafficking Methamphetamine tablets concealed in specially fabricated cavities of the vehicle. However, unable to locate exact place of hiding the aforesaid contraband tablets in the vehicle, the vehicle was taken to a nearby workshop in the VIP Road, namely, Khushi Motor Works. Thereafter, at about 1:30 AM, the NCB team conducted a further search in the vehicle with the help of the mechanics and recovered 50 packets of Methamphetamine tablets weighing 10.858 kg from concealed cavities in the chassis of the vehicle. Consequently, NCB, GZU Crime No. 09/2025 was registered.
4. On the basis of the aforesaid seizure, an investigation was initiated by the NCB, Guwahati Zonal Unit, in Crime No. 09/2025 and the three aforementioned persons were taken into custody. Subsequently, the present accused applicant
Page No.# 3/4 was also arrested on 14.07.2025 and has since been languishing in judicial custody in connection with the said case. Formal Complaint in the case was submitted before the learned Sessions (SPL) Judge, Kamrup (Metro) and the same is registered as NDPS Case No. 12 of 2026 and is pending trial.
5. The accused applicant in the instant case had earlier filed a bail application, being B.A./4113/2025, which was considered by this Court and vide
order dated 24.02.2026, the bail application of the accused applicant was rejected.
6. Mr. Talukdar, learned counsel for the accused applicant, has raised and argued the issues which had already been raised by him in the earlier case and considered by this Court in its order dated 24.02.2026. In addition to the aforesaid arguments, the learned counsel has submitted that the accused applicant has been languishing in jail and that the trial is yet to commence. He further submits that the NCB authorities have not placed any substantive material implicating the accused applicant in the commission of the offence in the said NCB Case.
7. The Trial Court Record in the instant case has been received and the same has been perused.
8. This Court has considered the submissions made by the learned counsel appearing for the accused applicant. The arguments advanced by the learned counsel for the applicant have already been duly considered by this Court in the earlier case, i.e., B.A./4113/2025, vide order dated 24.02.2026 and therefore, the same are not being reconsidered herein.
9. This Court, upon perusal of the Trial Court Record, finds that there are prima facie materials against the accused applicant. Accordingly, this Court is
Page No.# 4/4 not inclined to grant bail to the accused applicant at this stage.
10. Accordingly, the bail application stands rejected.
11. Send back the Trial Court Record.
JUDGE Comparing Assistant