Page No.# 1/5 GAHC020003892026 2026:GAU-NL:342 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Bail Appln./11/2026 MD SRIJAN AHMED S/O ABDUL HANNAN, R/O HOUSE NO. 73, ZELIANGRONG A VILLAGE, DIMAPUR, NAGALAND. VERSUS THE STATE OF NAGALAND PUBLIC PROSECUTOR, NAGALAND Advocate for the Petitioner : NISUKA CHISHI, LUCY WEO,M SOLO Advocate for the Respondent : P.P, NAGALAND, BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER JUDGMENT Date : 05-06-2026 By filing the instant Bail Application, the applicant who is the cousin brother of the alleged accused Juber Hussain has prayed for Page No.# 2/5 release of the accused on bail in connection with Narcotic PS Case No.03/2026 under section 27A/28/29 of the NDPS Act. 2. Heard the learned counsel for the petitioner Mr. Nisuka Chishi. 3. The learned counsel for the petitioner has submitted that the main accused in the instant case one Shri Rocky was arrested in connection with Narcotic PS Case No.03/2026. During the course of investigation and basing on the bank statement of the main accused Rocky, the accused herein Juber Hussain was also arrested on 31.03.2026 and he has been in custody since then. The accused has also moved a Bail Application before the Special Judge NDPS which is registered as IA 57/2026. However, the same was rejected by order dated 27.04.2026. 4. The main grounds taken by the petitioner herein is that there was no recovery from the possession of the accused person, and there are no call details or witnesses showing the link between the present accused and other co-accused person. Besides, the bank account statement there is no other evidence explaining how the transfer relates to illicit drug trafficking and there is no clear nexus connecting the alleged accused to the said offence. It is also the submission of the learned counsel that the accused is an employee in Customer Service Point SBI and there is no possibility of him to abscond or evade the due process of law if bail is allowed. 5. The learned counsel for the petitioner has also relied on the case of Shri Jitender Shah vs State of Nagaland in Bail Appln 23/2024 wherein the Coordinate Bench of this Court by order dated 13.12.2024 Page No.# 3/5 had released the accused person on bail on the ground that the analysis of the bank statements of the accused did not show any suspicious illegal transaction. 6. The learned counsel for the petitioner also relied on the case of Jasbir Singh vs Narcotics Control Bureau, 2023 SCC Online Del 134 wherein the Delhi High Court had also held that Bank account statements do not make out a case against the accused person and that the transactions did not show that they are related to the alleged offence or that they implicate the applicant of conspiracy with other accused person. On such ground, the applicant was released on bail. 7. The learned P.P. Mr. V. Zhimomi, appearing for the State respondents has produced a copy of Case Diary and basing on the same submits that there is a prima facie case against the alleged accused Juber Hussain and the investigation should be allowed to continue specifically in view of the fact the case involved commercial quantity of contraband items and stringent condition under section 37 of the NDPS Act has to be invoked. He therefore prays that the present application may be rejected. 8. This Court has considered the submissions of the learned counsel for the parties and perused the pleadings as well as the Case Diary produced by the learned P.P. 9. Upon going through the Case Diary, it is found that the alleged accused person herein has been arrested on the basis of the bank statement of the main accused Rocky seized during investigation. During the process of investigation the bank account statement of the accused Rocky had been examined by the Investigating Agency and the Page No.# 4/5 CDR of the accused person Rocky, Juber Hussain, Rohima, Abdul Mannat and Moinul Haque have been all sent to FSL for analysis report. Section 180 BNSS statement of the alleged accused person which was recorded on 07.04.2026, prima facie shows that the accused person had been dealing in contraband substance and has transferred/deposited huge amount of money from 2018 onwards to the account of one Peacerose and Lily Veio. During the investigation the link of the present accused to main accused Rocky could be found because the main accused had stated that the Narcotic drugs were delivered to him by Peacerose. 10. This Court is of the view that in the case relied upon by the petitioner i.e Bail.Appln 23/2024, the facts and circumstances are distinguishable from the instant case inasmuch as the main accused in that case one Jhunu Kumar was already discharged by the Court on the prayer of the I.O. and therefore nothing remained to link the petitioner in that case to the main accused except the bank statement and the bank statement also did not show any suspicious illegal transactions between the main accused and the petitioner. 11. In the present case, the investigation is still at nascent stage and moreover, the accused person has been booked under section 27A/28/29 of the NDPS Act for offence which involves commercial quantity of contraband substances. 12. In that view of the matter the matter has to be considered in the light of section 37 of the NDPS Act and the twin condition therein has to be fulfilled. 13. This Court is of the view that there is no reasonable ground to believe that the accused person is not guilty of the offence charged Page No.# 5/5 with. As seen from the Case diary, this Court is of the view that prima facie case has been established against the instant accused person and therefore, this Court is not inclined to allow the application and the Bail Application stands dismissed. JUDGE Comparing Assistant