Page No.# 1/4 GAHC010052452026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./768/2026 RASELUDIN MAZAR BHUYAN ALIAS RASEL UDDINMAZARBHUIYA ALIAS MOTU AND ANR S/O LATE AZIZUR RAHMANMAZAR BHUYAN, R/O VILL. NAZATPUR, P.S. KATIGARA, DIST. SRIBHUMI, ASSAM. 2: NAMAR HUSSAIN @ BILAL @ BILAK S/O LATE MOINULHOQUE @ MOMINUL HOQUE R/O NAZATPUR PART-II HOUSE NO. 236 NEAR PASCHIM NAZAT PUR JAMEMASJID P.S. KATIGORAH DIST. SRIBHUMI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. U NANDA,MS. K L R YANTHAN,MR. A K DAS,MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.03.2026 Heard Mr. S. C. Biswas, learned counsel for the accused-applicants. Also heard Mr. K. K. Parasar, learned Addl. P.P., representing the State respondent. 2. This is an application under Section 483 of BNSS, 2023, praying for granting bail to the accused-applicants in connection with Harangajao P.S. Case No. 03/2026, registered under Sections 21(b)/29(1) of the NDPS Act, 1985. 3. The gist of the case in the present matter is that on 30.01.2026, one SI Jitumani Baishya of Harangajao Police Station lodged an FIR stating that on the same day, a secret information was received to the effect that two persons, namely Raseluddin @ Motu and Namar Hussain @ Bilal, were proceeding from Sribhumi towards Guwahati via Haflong in two vehicles bearing registration Nos. AS-01-DZ-9081 (Ertiga) and AS- 01-FU-2886 (Dzire), for the purpose of transporting illegal drugs concealed inside the said vehicles. 4. Upon receipt of the said information, the police team proceeded to Dittokcherra Outpost (OP) situated along National Highway-27 and commenced naka checking of vehicles. At about 3:00 PM, the two suspected vehicles, as indicated in the secret information, were intercepted. Upon conducting a search of the said vehicles, the police allegedly recovered suspected contraband substance, namely brown sugar (heroin), concealed inside both vehicles. Certain other incriminating materials were also recovered along with the suspected contraband. On the basis of the aforesaid FIR, Harangajao P.S. Case No. 03/2026 was registered under the aforementioned Sections. 5. Mr. S. C. Biswas, learned counsel for the accused-applicants submits that the accused-applicants are young individuals and have already spent 55 days in judicial Page No.# 3/4 custody. He further submits that the quantity of the contraband recovered is not of commercial quantity. He submits that since the rigour of Section 37 of the NDPS Act is not applicable in the instant case and the police is yet to file the Charge-sheet, the accused-applicants should be granted bail at this stage. 6. On the other hand, the learned Addl. P.P., appearing for the State submits that the investigation in the instant case is still going on and is expected to be completed very soon and therefore, opposes the bail to the accused-applicants. 7. It is seen that the bail application, i.e., BA No. 439/2026 filed by the accused- applicants on earlier occasion was rejected by this Court. 8. However, taking into account the fact that the accused-applicants have already spent 55 days behind the bars and the Charge-sheet is yet to be completed and also taking into account of the fact that the contraband items recovered is of intermediate quantity, this Court is of the considered view that at this stage, the accused-applicants can be granted bail. 9. In view of the aforesaid, it is directed that the accused-applicants shall be released on bail on furnishing of bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) each, with one surety of like nature to the satisfaction of the learned SDJM (S), Dima Hasao, Assam, subject to the following conditions:- (i) that the accused-applicants shall cooperate in the investigation of Harangajao P.S. Case No. 03/2026; whenever called for; (ii) that the accused-applicants shall appear before the Investigating Authority as and when required by the Investigating Authority; (iii) that the accused-applicants shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Page No.# 4/4 Investigating Authority; (iv) that the accused-applicants shall provide their contact details including photocopies of their Aadhar Card or Driving License or PAN card as well as, mobile numbers before the SDJM (S), Dima Hasao; 10. In view of the aforesaid directions, this Bail Application stands disposed of, as allowed. JUDGE Comparing Assistant