Page No.# 1/3 GAHC010026172026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./418/2026 MOKTADDIR AHMED BARBHUIYA ALIAS MOKTODIR AHMED BARBHUIYA SON OF LATE MOSSODAR ALI BARBHUIYA RESIDENCE OF NIZ HARITIKAR PART-II, P.S. KATIGORAH, IUN THE DISTRICT OF CACHAR, ASSAM, PIN- 788805 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A HUSSAIN, G BORO,MR D J HALOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 26.02.2026 Heard Mr. D.J. Haloi, learned counsel for the accused/applicant. Also heard Mr. R.J. Baruah, learned APP for the State. 2. This is an application under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/applicant in connection with Katigorah P.S. Case No.02/2026 Page No.# 2/3 registered under Section 22(c)/25 and Section 29 of the NDPS Act, 1985. 3. An FIR was lodged on 26.01.2026, alleging that on receiving specific and reliable information regarding the presence of certain unknown persons involved in the illegal trafficking/dealing of NDPS drugs at the residence of one Sahajahan Ahmed of Harinagar Part 3, the police team proceeded to his house. Upon reaching the spot, the police found three persons, namely, Sahajahan Ahmed, Kamran Hussain Barbhuiya, and Moktoddir Ahmed Barbhuiya, while another person, Ziabur Barbhuiya who managed to escape. It was alleged that during the search of the house, 10,000 suspected WY (Yaba) tablets weighing 1.075 kg were recovered. On receipt of the FIR, the police registered Katigorah P.S. Case No. 02/2026 under the relevant sections. 4. Mr. Haloi, learned counsel for the accused/applicant, submits that the accused/applicant is in no way involved in the instant case. In fact, the accused/applicant, which is also a co-accused in the case, is merely a resident of the same village as Sahajahan Ahmed and has no role in procuring drugs. He further submits that the police came to the house based on information regarding alleged drug procurement and arrested the accused/applicant merely on suspicion. He referred to a certificate issued by a de-addiction and rehabilitation centre, stating that the accused/applicant’s son, Kamran Hussain Barbhuiya, was admitted to the centre for some time for treatment of his substance abuse problem as he is a drug addict. He submits that he after receiving information about his son’s visit to the aforesaid house of Sahajahan for procurement of drugs, he want there to stop his son. Therefore, he submits that since no contraband material was recovered from the conscious possession of the accused/applicant, and his arrest was solely based on suspicion, he should be allowed to go on bail. 5. Mr. Baruah, learned APP for the State, on the other hand, submits that there are sufficient incriminating materials against the accused/applicant indicating his prima facie involvement as mentioned in the FIR. Therefore, at this stage, he opposes the Page No.# 3/3 prayer for bail of the accused/applicant. 6. The case diary in the instant case has been produced before this Court and perused. On perusal of the case diary, it is seen that there is sufficient prima facie material indicating the involvement of the accused/applicant in the instant case. Further, the story narrated by the accused/applicant in the bail application is, prima facie, found to be incorrect. Therefore, this Court is not convinced that bail should be granted at this stage to the accused applicant. 7. Accordingly, the instant bail application is rejected. JUDGE Comparing Assistant