Page No.# 1/3 GAHC010049982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./740/2026 MOKTADDIR AHMED BARBHUIYA ALIAS MOKTODIR AHMED BARBHUIYA S/O LATE MOSSODAR ALI BARBHUIYA,R/O NIZ HARITIKAR PART II, PS KATIGORAH, DIST CACHAR, ASSAM, PIN 788805 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B M CHOUDHURY, MR. J P BARUAH,MR. B PURKAYASTHA,MR. U CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 26.03.2026 Heard Mr. B. M. Choudhury, learned counsel appearing on behalf of the accused-applicant. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State of Assam. 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 Katigorah P.S. Case No. 02/2026, registered under Sections 22(c)/25/ and 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 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 house, 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 nos. of suspected WY (Yaba) tablets weighing 1.075 Kgs were recovered. 4. On receipt of the FIR, the police registered Katigorah P.S. Case No. 02/2026 under the relevant sections. 5. It is seen that the earlier bail application being Bail Appln. No. 418/2026, filed by the accused-applicant was rejected by this Court, vide it’s order dated 26.02.2026, on consideration of the Case Diary. 6. Mr. B. M. Choudhury, learned counsel appearing for the accused-applicant submits that the accused-applicant is no way involved in the instant case. In fact, the accused-applicant, who is a public servant, is a resident of the same village as Sahajahan Ahmed and he has no role in procuring of any drugs. He further submits that he actually went to the house of the aforesaid Sahajahan Ahmed on receipt of certain information that his son, namely, Kamran Hussain Barbhuiya went to the aforesaid house to procure certain drugs as he is a habitual drug addict. On receipt of such information, the accused-applicant went to the house of aforesaid Page No.# 3/3 Sahajahan Ahmed to get his son back. While reaching the aforesaid house, the police came to the house and arrested him on mere suspicion and nothing has been recovered from his possession. He submits that since the accused-applicant is a public servant and he has already been suspended and also, since he has already spent more than 85 days behind the bars, he should be allowed to go on bail. He further submits that the accused-applicant being a public servant shall abide by whatever conditions the Court deems fit in case of allowing him to go on bail. 7. Per contra, the learned Addl. P.P., submits that there are sufficient incriminating materials against him and his earlier bail application was rejected on the basis of prima facie materials available against him in the Case Diary. Therefore, he opposes the prayer of bail to the accused-applicant. 8. This Court has heard the submissions made by the counsel appearing for the respective parties and also perused the materials available on record. 9. This Court had earlier rejected the bail application of the accused-applicant after due consideration of the materials available in the Case Diary and after taking into account of the aspect that the quantity of the narcotic drugs recovered was of commercial quantity and therefore, the rigors of Section 37 of the NDPS Act is applicable to the instant case. 10. Having found no ground on merits to reconsider the bail application, at this stage, the same is rejected and accordingly, the instant bail application is disposed of. JUDGE Comparing Assistant