Page No.# 1/3 GAHC010164502026 2026:GAU-AS:13075 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2244/2026 MOHAMMAD ADIL S/O AJAJ AHMAD R/O VILLAGE CHHAPIA CHHITAUNA, P.O. SALEHPUR, P.S. DUDHARA, DISTRICT SANT KABIR NAGAR, STATE UTTAR PRADESH, PIN 272170 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,B PRASAD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA O R D E R 09.09.2026 Heard Mr. K. Boruah, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. P.P. for the state respondents. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, whereby, the petitioners, namely, Mohammad Adil, has prayed for releasing him on bail after he was arrested on 14.06.2026 in connection with Gossaigaon P.S. Case No.127/2026, registered under Sections 22(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The learned counsel for the petitioner states that, on 14.06.2026, SI(P) Rinku Kalita, of Gossaigaon Police Station, lodged an Ejahar before the Officer- in-Charge of Gossaigaon Police Station stating inter-alia that, acting upon a source information regarding transportation of contraband substances, a Naka checking was conducted at Bhowraguri on National Highway No. 27 under the jurisdiction of Gossaigaon Police Station and that during the course of such checking, one container truck bearing Registration No. MH-04-MH-9538, which was being driven by the petitioner, was intercepted and escorted to the premises of Gossaigaon Police Station for detailed examination. It has been alleged that upon search of the said vehicle in presence of the independent witnesses and Executive Magistrate, 19,950 bottles of Eskuf Cough Syrup allegedly containing Codeine Phosphate and Triprolidine Hydrochloride were recovered from beneath the cartons containing Sodium Chloride Injection and accordingly prayed to take necessary action in the matter. Upon receipt of the aforesaid FIR and also on the basis of the said alleged recovery, the police registered Gossaigaon P.S. Case No.127/2026 under Sections 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 corresponding to G.R. No. 139/2026. 4. The learned counsel for the petitioner submits that the consignment recovered by the police was being transported in a sealed container, which cannot be opened, and the locking system is based on OTP and it is only the consignor, who can facilitate the opening of the containers by sending an OTP. Page No.# 3/3 5. It is submitted that the present petitioner is only the driver of the truck and he has neither the knowledge of the consignment nor the ability to open the container and therefore, it cannot be said that the recovery was made from the conscious possession of the petitioner. 6. The learned Addl. P.P. with reference to the material available in the scanned copy of the TCR, but the aforesaid submission of the learned counsel for the petitioner and submits that it is evident from the FIR itself that the container being carried in this vehicle was opened by the police with the assistance of the petitioner himself and furthermore, there is no reference to any OTP based logging system in any of the material available in the TCR. 7. Having regard to the above, it cannot be said that there is sufficient ground to believe that the petitioner is not guilty of the alleged offence and hence, the bar of Section 37 of the NDPS Act is squarely affected. 8. Considering the above, the prayer for bail stands rejected at this stage. 9. This petition stand dismissed. JUDGE Comparing Assistant