Page No.# 1/3 GAHC010252152025 2026:GAU-AS:842 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3677/2025 AFJAL RAJ BARBHUIYA SON OF LT JAMIR UDDIN RAJ BARBHUIYA, R/O SARAPALLY, KANAKPUR PART I, SILCHAR, CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : DARAK ULLAH, MS. S D HUSSAIN,S BEGUM,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.01.2026 1. Heard Mr. D. Ullah, learned counsel for the petitioner. Also heard Mr. Bhaskar Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of NDPS Case No.78/2025, pending in the Court of Page No.# 2/3 the learned Special Judge, Cachar, Silchar. 3. The petitioner, AfzalRaj Barbhuiya is a contractor by profession. He received an amount of Rs.9,50,000/- from Amaj Hussain Barbhuiya in lieu of execution of some construction work. 4. In the meantime, the Police arrested some other person, namely, Sebul Hussain Laskar, Saidur Hussain Barbhuiya, Taramani Laskar and Motiul Islam from whom large number of Yaba tablets were seized. One of them disclosed before Police that they were going to deliver some of the Yaba tablets to the present petitioner for an amount of Rs.8,50,000/-. Nothing was delivered to the present petitioner but, Police seized Rs.8,90,000/- in cash from the present petitioner. 5. Learned counsel for the petitioner has submitted that no criminal case has been made out against the present petitioner under the given circumstances. 6. Learned Additional Public Prosecutor on the other hand submits that in this case Section 37 of the NDPS Act would come into play and also submits that commercial quantity of Yaba tablets were recovered in this case. 7. After considering the submissions made by learned counsel for both sides, this Court has decided to agree with the learned counsel for the petitioner. 8. Therefore, this Court is of the opinion that no criminal offence appears to have been done by the present petitioner by possessing the cash amount of money. The petitioner has already spent 233 days in judicial custody. 9. Therefore, the bail application of the petitioner is allowed. Page No.# 3/3 10. The petitioner no longer deserves to be detained in custody. 11. The petitioner, AfzalRaj Barbhuiya, who is in judicial custody in respect of NDPS Case No.78/2025 pending in the Court of the learned Special Judge, Cachar, Silchar shall be released on bail of Rs.50,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Cachar, Silchar. 12. The petitioner shall regularly appear before the Trial Court on each and every date of hearing, if he fails to do so, the Trial Court shall have the liberty to procure his attendance by due process of law. 13. This Court further holds that no observation made in this order shall affect the trial of the case before the Trial Court. 14. With the aforesaid direction, the Bail Application stands disposed of. JUDGE Comparing Assistant