Page No.# 1/3 GAHC010023852026 2026:GAU-AS:2920 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./389/2026 KAMAL UDDIN CHOUDHURY ALIAS KAMAL UDDIN S/OLATE MUJIBUR RAHMAN CHOUDHURY R/O VILL- DHIT SADARASHI, P.O. SADARSHI P.S. KARIMGANJ DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,MISS. P M AHMED,U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.02.2026 Heard Mr. M. A. Choudhury, learned counsel for the accused-applicant. Also heard Mr. R. J. Baruah, learned Addl. P.P., representing the State. Page No.# 2/3 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused-applicant in connection with Special (NDPS) Case No. 44/2025 (arising out of Karimganj P.S. Case No. 221/2025), registered under Sections 22(C)/29 of the NDPS Act, 1985, pending before the learned Court of Additional Sessions Judge, Sribhumi. 3. An FIR was lodged on 12.05.2025, before the Karimganj Police Station, alleging, inter alia, that an information was received that some 3-4 nos. of suspected persons were dealing alleged narcotic contrabands and was supposed to deliver in Karimganj town. 4. On receipt of the information, the police team reached the location, at about 10:40 AM, 2 nos. of suspected persons were seen coming towards Lakhibazar road were apprehended and the police recovered Yaba tablets totaling to about 1093 grams from one Ahmed Hussain and Ali Hussain. On a query, he stated that the same contraband belonged to one Nazim Uddin and Mantu Mia and the same was to be received or delivered to accused-applicant, namely, Kamal Uddin @ Kamal Choudhury. 5. On receipt of the FIR, the police registered Karimganj P.S. Case No. 221/2025, under the aforementioned Sections against the accused-applicant. 6. After completion of the investigation, the police filed Charge-sheet, vide Charge- sheet No. 249/2025 dated 22.07.2027, wherein, 11(eleven) witnesses have been named. 7. The learned counsel for the accused-applicant submits that the accused-applicant has been arrested by the police only on the basis of the confessional statement made by the two accused-persons, namely, Ahmed Hussain and Ali Hussain and there is no other material available before this Court to implicate the accused-applicant in the instant case. He submits that the accused-applicant is already behind the bar for 9 months 9 days and since, there is no material against him other than the confessional statement, the accused-applicant should be released on bail at this stage. 8. Mr. R. J. Baruah, learned Addl. P.P., on the other hand, opposes the prayer for bail Page No.# 3/3 of the accused-applicant stating that his involvement is apparent from the police investigation, which is available in the TCR. 9. The TCR in connection with the instant case is produced before this Court and the same has been perused. 10. It is seen that during the investigation, a direct prima facie connection of the accused-applicant with the persons, namely, Ahmed Hussain and Ali Hussain could be seen. Therefore, the connection of the accused-applicant with the aforesaid two accused persons, from whom the contraband materials were seized, cannot be ruled out at this stage. 11. In view of the aforesaid, the instant bail application is rejected at this stage. JUDGE Comparing Assistant