Page No.# 1/3 GAHC010011742026 2026:GAU-AS:5175 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./267/2026 MARUF HUSSAIN CHOWDHURY S/O NAMOR ALI CHOWDHURY RESIDENT OF - VILL - UTTAR NOWABIL, P.S. - MURAJHAR, DISTRICT - HOJAI, ASSAM, PIN- 782439 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K M HASSAN, MR. N K HALOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.04.2026 Heard Mr. K.M. Hassan, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned APP for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, seeking bail on behalf of the petitioner, namely, Maruf Hussain Chowdhury, in connection with Murajhar P.S. Case No. 223/2025, corresponding to G.R. No. 1244/2025, Page No.# 2/3 registered under Sections 21(b) and 27(A) of the NDPS Act, 1985. 3. The allegation against the petitioner pertains to recovery of an intermediate quantity of heroin from his possession. 4. Initially, the case was registered under Sections 21(b)/27(A) of the NDPS Act. Subsequently, charge-sheet has been submitted only under Section 21(b) of the NDPS Act. 5. It appears from the order dated 20.03.2026 that the learned Special Judge, NDPS, Hojai has taken cognizance of the offences under both Sections 21(b) as well as 27(A) of the NDPS Act, although the charge-sheet does not disclose any material attracting Section 27(A) of the NDPS Act. A perusal of the charge-sheet indicates that while there was initial information regarding financing of illicit traffic in narcotic drugs, upon examination of the evidence and statements of witnesses, a prima facie case has been found only under Section 21(b) of the NDPS Act. Therefore, it appears that cognizance under Section 27(A) of the NDPS Act may have been taken inadvertently. 6. The learned APP submits that although Section 27(A) of the NDPS Act may not be attracted, there are prima facie materials against the petitioner under Section 21(b) of the NDPS Act, inasmuch as the contraband was recovered from his possession, and accordingly charge-sheet has been submitted. 7. Having regard to the fact that the investigation is complete and the petitioner has been in custody for 169 days, further detention of the petitioner is not considered necessary. Accordingly, the prayer for bail is allowed. The petitioner shall be released on bail upon furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount, to the satisfaction of the arresting Page No.# 3/3 authority. 8. It is further provided that the petitioner shall regularly participate in the trial proceedings and appear before the Court as and when required. 9. The application stands disposed of accordingly. JUDGE Comparing Assistant