Page No.# 1/3 GAHC010144892026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2128/2026 SRI SAMKANG HAKHUN SON OF LATE KAMNY HAKHUN RESIDENT OF MALU GAON, LEDOP.O. LEDO P.S. LEKHAPANI DISTRICT TINSUKIA, ASSAM 786182 REPRESENTED BY MS. WECHA HAKHUN D/O SAMKANG HAKHUN RESIDENT OF MALU GAO, LEDO, P.O. LEDO, P.S. LEKHAPANI, DIST. TINSUKIA, ASSAM, PIN-786182 VERSUS THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR A K CHAUDHURY, MS P BARMAN,MR. P SARMAH,R BASUMATARY,MR R CHAKRAVORTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 11.09.2026 Heard Mr. A.K. Choudhury, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. P.P. for the State respondent. Page No.# 2/3 2. This is an application under Section 483 of BNSS, 2023 for granting regular bail to the petitioner namely SRI SAMKANG HAKHUN in connection with NDPS Case No. 14(M)/2026 (arising out of Margherita P.S. Case No. 6/2026 registered Sections 17(c)/29 of the NDPS Act, 1985 read with Section 21 of the Immigration and Foreigners Act, 2025, who was in judicial custody with effect from 07.01.2026. 3. The present petitioner was apprehended by the police alongwith other co- accused persons while traveling in a vehicle on 06.01.2026 on the Deomali- Margherita Road and a commercial quantity of opium i.e. “Fita Khani” weighing 2.757 K.G. was recovered from the said vehicle. 4. It is the submission of the learned counsel for the petitioner that the weight measurement instrument was obtained from the nearby shopkeeper, but there are doubts regarding its accuracy and the weighing machine was not seized. The learned counsel for the petitioner has submitted that the petitioner has spent 247 days in custody. 4. A perusal of the TCR reveals that the seized articles were produced before the learned Magistrate for the purpose of the certification of the inventory. In course of the said production, opium weighing 2.75 Kg was revealed and the same amounts to commercial quantity. 5. Prima-facie, commercial quantity of contraband was recovered from the joint possession the petitioner along with other co-accused persons. The contention raised on behalf of the petitioner can only be established at the time of trails by rebutting the presumption of under Sections 35 and 54 of the NDPS Page No.# 3/3 Act. 6. At this stage, this Court is of the opinion that the conditions mentioned in Section 37 of the NDPS Act cannot be said to have been met. Considering the above, the prayer for bail stands rejected. 7. The bail application stands dismissed. JUDGE Comparing Assistant