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2026 DAILYLAW 5123 (GAU)

HUSSAIN AHMED BARBHUIYA v. THE UNION OF INDIA

Bail Appln./967/2026 · 2026-04-27

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010068562026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./967/2026 HUSSAIN AHMED BARBHUIYA S/O. ANWAR HUSSAIN BARBHUIYAR/O. NARAINPUR,P.O. BIDYARATANPUR, P.S. DHOLAIDISTRICT CACHAR, ASSAM. VERSUS THE UNION OF INDIA REPRESENTED BY THE SC, CUSTOMS. Advocate for the Petitioner : MR. R MAJUMDAR, MS. J GHOSH,MR. JUNM LASKAR Advocate for the Respondent : SC, CUSTOMS, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 28 .04. 2026 Heard Mr. R. Majumdar, learned counsel for the petitioner and Ms. P. Upadhayay, learned standing counsel, Customs Department for the respondent. 2. This bail application has been preferred by the petitioner namely, HUSSAIN AHMED BARBHUIYA under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Custom Page No.# 2/3 Seizure Case No. 20/ CL/ IMP/ AS/ GAU/2025, dated 02.03.2026 registered under Section 135(1)/(b)(i)(A) and Section 135(1)(b)(i)(C) of the Customs Act, 1962. 3. As per the allegation on 02.03.2026, a truck bearing registration No. AS- 11-FC-7733 was intercepted near Sonapur Toll Gate and suspected ereca nuts to be of foreign origin was recovered from the truck and accordingly the present case was registered and the petitioner was taken into custody. In the meantime, investigation has progressed but till date charge sheet has not been submitted. The petitioner was behind the bar for 49 days. 4. The learned counsel for the Customs Department upon instruction received has submitted that the investigating agency could not be in a position to submit Charge Sheet within the stipulated period. However, it is submitted that strict conditions may be imposed in the event the petitioner may be granted bail. 5. Having regard to the aforesaid submission, it is provided that the petitioner above named shall be released on bail on furnishing a bond of Rs. 1,00,000/- (Rupees one lakh) only with 2 (two) sureties each of the like amount out of which one would be the Government servant to the satisfaction of the learned trial Court. 6. This bail is granted under the following conditions:- (i) that the petitioner shall not try to influence any person or witnesses acquainted with the facts of the case, in any manner; (ii) that the petitioner shall continue to cooperate with the trial of the case as well as the investigation as and when requires. (iii) that the petitioner shall not hamper the investigation or tamper with Page No.# 3/3 the evidence of the case; 7. With the aforesaid direction, this bail application stands disposed of. 8. Send back the case dairy. JUDGE Comparing Assistant