Page No.# 1/4 GAHC010279222025 2026:GAU-AS:1601 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2954/2025 AHMED HUSSAIN BARBHUIYA ALIAS SOJIB S/O LATE PUNA MIYA BARBHUIYA, VILLAGE KAPNAPAR, P.O. CHIPORSANGAN, P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS A BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 06.02.2026 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Addl Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for pre- Page No.# 2/4 arrest bail of accused petitioner in connection with Special (NDPS) Case No. 15/2025 arising out of Algapur P.S. Case No. 56/2025 under Section 21(c) of the NDPS Act. 3. The allegation in the FIR that was lodged on 19.08.2025 before the Officer-in-Charge of Algapur Police Station by one Rimanka Barua, Dy. S.P. (P) is that on receipt of a secret Information that a consignment of suspected Narcotic Drugs & Psychotropic substances was being carried in a Bolero vehicle bearing Registration No. AS01-DY-0119, which was reportedly to be delivered in Medipoint Pharmacy, Algapur, the police team went to the place of occurrence at Algapur Bazar and the driver of the vehicle who was seen delivering one packet to the Medipoint Pharmacy. Seeing the police team, the driver fled away from the spot. When the police entered at the Medipoint Pharmacy, the accused, namely, Aminul Haque Laskar was present in the Pharmacy and a search was conducted in the shop wherein 10 nos. of plastic cough syrup bottle of 100 ml. each containing "Codeine Phosphate & Triprolidine Hydrocloride Syrup" was recovered from the shop. 4. On receipt of the FIR, police had registered Algapur P.S. Case No. 56/2025 under Section 21(c) of NDPS Act, 1985 corresponding to GR Case No. 321/2025 against the accused persons. 5. The police team arrested the accused, Aminul Haque Laskar on the same date and since then he was in judicial custody for more than 109 days. 6. The co-accused of the case was granted bail by the High Court by order Page No.# 3/4 dated 02.12.2025 in Bail Application No. 3507/2025. On the finding that the determination by the learned Special Judge that the contraband amounted to commercial quantity was incorrect as no separate weighment of the substance was done by excluding the containers. 7. In such circumstance, the quantity would have to be regarded as intermediate quantity. 8. The said finding would also be applicable to the present petitioner and therefore, the rigors of Section 37 of the NDPS Act would not be attracted. 9. Having regard to the fact that the co-accused has been granted regular bail and the investigation of the case is also over culminating in the chargesheet, the prayer for pre-arrest bail is allowed. 10. It is provided that the petitioner, namely, Ahmed Hussain Barbhuiya @ Sojib, in the event of his arrest shall be released on bail of Rs. 50,000/- (Rupees fifty thousand) with two sureties of the like amount to the satisfaction of the arresting authority. 11. It is further provided that the petitioner shall regularly participate in the trial if one commences against him and shall not try to influence the witnesses in any manner. 12. The petition stands disposed of accordingly. Page No.# 4/4 JUDGE Comparing Assistant