Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC040014362026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/117/2026 Asad Ali Son of Late Hamed Ali, resident of village Nadirkash, PS Dalgaon, Darrang District, Assam.
VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Bomchi Taipodia, R Hussain Advocate for the Respondent : P P of AP,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 15.09.2026
Heard Mr. B. Taipodia, learned Counsel appearing for the accused applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh.
2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused
Page No.# 2/3 applicant in connection with Balemu Police Station Case No. 04/2026, registered under Sections 20(b)(ii)(C)/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The case of the prosecution, in brief, is that an FIR was lodged on 15.06.2026 alleging that the vehicle of the accused applicant was found carrying narcotic contraband, namely, cannabis, weighing 277 kilograms, contained in 34 bags. The vehicle along with the contraband materials was seized by the police. On the basis of the said FIR, Balemu Police Station Case No. 04/2026 was registered under the aforementioned provisions of law.
4. The learned counsel appearing for the accused applicant submits that he is the owner of the vehicle. However, he is not involved in any kind of transportation or selling of narcotics. He submits that his vehicle was taken on rent by a person, namely, Mr. Rameswar Boro, who has already been arrested by the police. He further submits that the accused applicant has received a summons in connection with the instant case to appear before the police and, therefore, he is apprehending arrest in the instant case and therefore has approached this Court for allowing him to go on pre-arrest bail.
5. The case diary in the instant case was called for and the same has been produced before this Court.
6. Mr. T. Ete, learned Additional Public Prosecutor, submits that the driver of the vehicle, namely, Mr. Rameswar Boro, has been arrested. However, the driver is yet to disclose the name of the owner of the vehicle. He submits that since the contraband material seized is of
Page No.# 3/3 commercial quantity the rigours of Section 37 of the NDPS Act shall be applicable in the instant case and therefore, at this stage he opposes the prayer of anticipatory bail of the accused applicant.
7. This Court has perused the case diary and has also considered the
submissions made by the learned counsel appearing for the respective parties.
8. Taking into account the fact that the accused applicant has himself admitted that the vehicle is owned by him and his vehicle has been seized while carrying narcotics contraband material of commercial quantity, this Court is not inclined to grant any relief to the accused applicant at this stage.
9. Accordingly, the instant application stands dismissed.
JUDGE Digitally signed by HAGE MEENA Date: 2026.09.16 09:14:37 +05'30'