Page No.# 1/2 GAHC010159422026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2154/2026 AIN UDDIN LASKAR SON OF LATE NOJIR AHMED, R/O - DHONIPUR, P.S - SONAI, DIST - CACHAR, ASSAM, PIN- 788119 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NCB Advocate for the Petitioner : MR. M DUTTA, L DEKA,MR. N BARDOLOI,POOJA ROY Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15.09.2026 Heard Mr. M. Dutta, learned senior counsel for the petitioner. Also heard Mr. R.K.D. Chdoudhury, learned Standing Counsel appearing for the N.C.B. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Ain Uddin Laskar, has prayed for releasing him on bail after he were arrested on 17.04.2026 in connection with NCB Case No.05/2026 under Section 8(c) read with Section 21(c) & 29 of the NDPS Act. Page No.# 2/2 3. As per the F.I.R, upon receipt of prior information, a vehicle i.e., an e-auto being driven by the petitioner was intercepted, and 108 soap cases were recovered from a black airbag kept in the rear portion of the vehicle, which was occupied by another accused namely Abdul Kadir Laskar. 4. Furthermore, 22 soap cases were recovered from behind the rear seat of the very same vehicle. The total weight of the contraband was found to be 1.1521 kg, which is far above the commercial quantity of heroin, i.e. the substance that was allegedly recovered from the aforesaid vehicle. 5. Learned counsel for the petitioner submits that the petitioner was an innocent driver of the e-auto, which he used to ply for his livelihood and therefore, the contraband cannot be said to have been recovered from his conscious possession. 6. In response, learned senior counsel for N.C.B. submits with reference to the objection filed by N.C.B. that the C.D.R. analysis reveals prior conversation between the petitioner and the co-accused and furthermore, the recovery of 22 soap cases containing heroin from behind the rear seat of the e- auto, which itself amounts to commercial quantity, clearly shows that the petitioner was in conscious possession of the aforesaid contraband. 7. I find sufficient force in the contention of learned senior counsel for N.C.B. and upon perusal of the materials on record, there appears to be no reason to come to a finding that the petitioner may not be guilty of the alleged offence and therefore, the bar of section 37 of the NDPS Act is well attracted in the instant case. Consequently, the prayer for bail stands rejected and the petition stands dismissed. JUDGE Comparing Assistant