Page No.# 1/2 GAHC010026632026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./412/2026 ISLAM ALI ALIAS SAHIL S/O JAMAL ALI, R/O KATABARI, NEAR KABRASTHAN, GARCHUK, PS GARCHUK, DIST KAMRUP M, STATE ASSAM, PIN 781035 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, CUSTOM, ASSAM Advocate for the Petitioner : MR D MEDHI, MR B M DEKA,MR P SONOWAL,S YESMIN,MR K THAKUR Advocate for the Respondent : SC, DRI, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 23.03.2026 Heard Mr. B.M. Deka, the learned counsel appearing for the petitioner. Also heard Mr. S.C. Keyal, the learned Standing Counsel, D.R.I. 2. This is an application under Section 483 of the BNSS, 2023 whereby the Page No.# 2/2 petitioner, namely- Islam Ali @ Sahil has prayed for releasing him on bail after he was arrested in connection with Case No.08/CL/IMP/SIL/PREV/2024-2025 under Section 135 of Customs Act read with Section 178/179/180 of BNS, 2023. 3. The petitioner was found in possession of fake Indian currency notes amounting to ₹37,78,000/-. 4. The only plea taken by the petitioner is that the provision of Section 48 of the BNSS, 2023 was not complied with. 5. Today, Mr. Keyal has pointed out that the petitioner Islam Ali was given the opportunity to inform his wife Sumi Bora over telephone about his arrest. 6. In order to buttress his point, Mr. Keyal has relied upon a decision of this Court that was delivered in WP(Crl.)/50/2025. In the said case also, the petitioner had informed his wife, about his arrest, over telephone. The Division Bench of this Court held that the aforesaid circumstance, Section 50A of the Code of Criminal Procedure (now Section 48 of the BNS, 2023) was complied with. 7. I have considered the submissions made by the learned counsel for both sides. 8. From the Case Diary, it appears that the petitioner is a habitual offender involved in such cases. This Court is of the opinion that at this stage, the petitioner does not deserve to be released on bail. 9. Therefore, the bail application is dismissed and disposed of accordingly. Case Diary shall be returned. JUDGE Comparing Assistant