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2026 DAILYLAW 1698 (GAU)

RAVI KUMAR v. THE NARCOTICS CONTROL BUREAU

AB/352/2026 · 2026-02-18

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/5 GAHC010028052026 2026:GAU-AS:2535 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/352/2026 RAVI KUMAR SON OF PRADIP KUMAR, RESIDENT OF MARAI ROAD, AMBEDKAR NAGAR, POKHARA MOHALLA, HAJIPUR, P.O. HAJIPUR, VAISHALI, PIN 844101, BIHAR VERSUS THE NARCOTICS CONTROL BUREAU GUWAHATI ZONE, REPRESENTED BY ITS STANDING COUNSEL. Advocate for the Petitioner : MS. R S SADIAL, MR. M R SODIAL Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19-02-2026 Heard Mr. M. R. Sodial, learned counsel appearing for the accused applicant and Mr. R. K. Dev Choudhury, learned Deputy Solicitor General of India appearing for the NCB. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused applicants in connection with NDPS Case Page No.# 2/5 No. 509/2025, arising out of NCB Crime No. 7/2025, under Sections 8(C)/21(C)/29 of the NDPS Act, 1985. 3. The prosecution case, as narrated in the complaint in connection with NCB Crime No. 7/2025 dated 23.06.2025, is as follows: On 23.06.2025, at around 1000 hrs, Shri L. Somorendra Singha, Sub-Inspector, NCB Guwahati, received specific information from a reliable source that two women, Guriya Devi (aged about 30 years) and Manju Devi (aged about 40 years), both residents of Vaishali, Bihar, were carrying a substantial quantity of heroin concealed in soap cases and would be traveling from Guwahati to Bihar by bus. Later, at about 1330 hrs, he received additional information that Pankaj Kumar (aged about 32 years), a resident of Guwahati and associate of the heroin recipients, would drop the women at ISBT, Guwahati. The NCB team arrived at ISBT, Guwahati, and requested the assistance of independent witnesses Ajay Kumar Singh and Pramod Panjiyar. The team located Pankaj Kumar near the bus, confirmed his role in dropping the women and along with the independent witnesses, boarded the bus to verify the passengers. They found Manju Devi with a little boy and Guriya Devi with another child. Upon being informed, both women initially denied possession but eventually admitted carrying heroin in their luggage. Searches revealed multiple soap cases containing a light orange powder suspected to be heroin. The NCB team recovered 30 soap cases from Guriya Devi and 18 soap cases from Manju Devi, weighing about 0.54 kg of heroin. 4. On receipt of the complaint, NDPS Case No. 509/2025 was registered under the aforementioned sections. 5. The case of the accused applicant is that he received a notice dated 20.11.2025, issued by the Sub-Inspector, Narcotics Control Bureau (NCB), Guwahati Zonal Unit under Section 67(c) of the NDPS Act in connection with Page No.# 3/5 NCB Crime No. 07/2025, directing him to appear on 01.12.2025. Learned counsel submits that the accused applicant received the notice only on 16.12.2025 and therefore could not appear on the scheduled date. Thereafter, by letter dated 18.12.2025, the accused applicant informed the concerned officer of his inability to appear on the next date and expressed willingness to appear in the first week of January 2026. As no response was received, the accused applicant filed an anticipatory bail application before the learned Additional Sessions Judge No. 2, Kamrup (M), being A.B. No. 327/2025. Vide order dated 03.01.2026, interim pre-arrest bail was granted, subject to the condition that the accused applicant shall appear before the Investigating Officer on or before 08.01.2026. Learned counsel submits that the accused applicant approached the NCB office in compliance with the order; however, the Investigating Officer was on leave and no statement could be recorded. Thereafter, by order dated 07.02.2026, the learned Court below rejected the anticipatory bail application filed by the accused applicant, hence this petition. 6. Learned counsel for the accused applicant submits that the accused applicant is not named as an accused in the complaint filed under Section 36A of the NDPS Act. The only allegation against him is that one SIM card allegedly used by a co-accused was registered in his name. It is contended that the accused applicant had earlier visited a cyber cafe run by the co-accused for online services, and the SIM appears to have been issued using his documents without his knowledge. No contraband has been recovered from the accused applicant nor is there any other incriminating material against him. It is further submitted that the accused applicant has no criminal antecedent and is willing to cooperate with the investigation and abide by any condition imposed by this Court. Page No.# 4/5 7. Mr. R. K. Dev Choudhury, learned Deputy Solicitor General of India appearing on behalf of the NCB, submits that if the accused applicant is willing to cooperate with the investigation and appear before the NCB authorities, the prayer of the accused applicant may be considered by this Court. 8. I have considered the submissions of the learned counsel appearing for the parties and perused the materials available on record. 9. Considering that the accused applicant is not named in the complaint and the allegation against him is limited to registration of a SIM card allegedly used by a co-accused, this Court is of the opinion that the accused applicant has made out a case for grant of pre-arrest bail, subject to stringent conditions. Accordingly, it is directed that in the event of the arrest of the accused applicant in connection with NCB Crime No. 07/2025, corresponding to NDPS Case No. 509/2025, he shall be released on bail upon furnishing a bail bond of Rs. 50,000/- with one local surety of like amount to the satisfaction of the learned Additional Sessions Judge No. 2, Kamrup (M), Assam, subject to the following conditions: i. that the accused applicant shall appear before the NCB authority within 7(seven) days from the date of this order; ii. that the accused applicant shall cooperate with the investigation and appear before the NCB authority as and when called for; iii. that the accused applicant shall not try to hamper or tamper with evidence or influence witnesses; 10. In the event of the accused applicant’s failure to appear during the period mentioned above, the concerned authority shall be at liberty to approach the Page No.# 5/5 appropriate forum for the cancellation of his bail. 11. With the above directions, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant