Page No.# 1/3 GAHC010197302026 2026:GAU-AS:13904 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1276/2026 ANOWAR HUSSAIN S/O ABDUL BAREK, R/O VILL.-NO. 5 BARUAHJHAR, P.O. P.S.-DALGAON, DISTRICT-DARRANG, ASSAM, PIN-784116. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T K BHUYAN, MS. M BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date :18.09.2026 Heard Mr. T.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. In this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and under Article 226 of the Constitution of India, the petitioner has prayed for quashing and/or modification of the condition No.(i) of Page No.# 2/3 the order, dated 19.08.2026, passed by the learned Special Judge, Darrang, Mangaldai, in Dalgaon P.S. Case No.63/2026. 3. Mr. Bhuyan, learned counsel for the petitioner, submits that the petitioner herein is an accused in the case of Dalgaon P.S. Case No.63/2026, registered under Section 21(C) of the NDPS Act and in the said case one Tata Punch vehicle, bearing Registration No.AS01GQ-5584, was seized and thereafter, the petitioner herein has filed an application before the learned Special Judge, Darrang, Mangaldai, and vide order, dated 19.08.2026, the learned Special Judge, Darrang, Mangaldai, has released the vehicle in the custody of the petitioner, imposing as many as 5(five) conditions and out of the 5 conditions imposed by the learned Special Judge, one of the conditions is that the petitioner shall furnish bank guarantee of Rs.3,00,000/- only of a Nationalized Bank before this Court. 3.1. Mr. Bhuyan, further, referring to the Annexure-3 of the petition, which is a statement of bank account of the petitioner, submits that the petitioner has a sum of Rs.887.03/- as on 01.09.2026 in his account, and as such, he is not in a position to furnish bank guarantee of Rs.3,00,000/- before the learned Special Judge, Darrang, Mangaldai and on such count, he has contended to modify the condition No.(i) of the order dated 19.08.2026. 4. Notably, pursuant to the order dated 15.09.2026, Mr. Bhuyan, learned counsel for the petitioner has filed an additional affidavit stating categorically that the petitioner has no other bank account, except the account, bearing No. XXXXX801 at the State Bank of India and the said account, as already stated, the petitioner has in his credit a sum of Rs. Rs.887.03/- only, whereas the bank guarantee which the learned trial Court has directed to be furnished by the petitioner, is Rs. 3,00,000/- of a nationalized bank, and under the aforesaid facts Page No.# 3/3 and circumstances, Mr. Bhuyan has contended to allow this petition. 5. Per contra, Mr. Sarma, learned Additional Public Prosecutor, submits that in the NDPS Act, there is no mandatory provision for directing furnishing of bank guarantee by the owner of a vehicle and in that view of the matter, the Court may direct furnishing of an indemnity bond also. 6. Accordingly, taking note of the submission of learned counsel for both the parties, and also considering the facts and circumstances on the record, the condition No. (i) in the five conditions imposed by the learned Special Judge, Darrang, Mangaldai, vide order dated 19.08.2026, stands modified to the extent that the petitioner herein shall furnish indemnity bond of Rs. 3,00,000/- and on such indemnity bond being furnished by the petitioner before the learned Special Judge, Darrang, Mangaldai, the seized vehicle shall be released in the custody of the petitioner as directed vide order dated 19.08.2026. 7. In terms of above, this petition stands disposed of. JUDGE Comparing Assistant