ORDER :

1. Leave granted.

2. This appeal challenges the judgment and order dated 19.01.2022 passed by the Gauhati High Court in B.A. No. 2356/2021 and 2955/2021.

3. By said judgment and order, the High Court proceeded to grant relief of bail to accused named Khalil Uddin and Md. Abdul Hai @ Abdul Hai Talukdar in connection with crime registered pursuant to NCB Crime No. 13/2019 in respect of offences punishable under Sections 21(c) read with 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (“The NDPS Act” for short).

4. According to the prosecution, contraband material weighing about 13 kgs. of morphine was found in a motor vehicle which was driven by co-accused named Md. Jakir Hussain. During the course of investigation, it was found that the motor vehicle was recorded in the name of Md. Nizam Uddin who had executed a sale letter and handed over the custody of the vehicle to accused Md. Abdul Hai and that accused Md. Jakir Hussain was the driver employed by accused Md. Abdul Hai and that contraband material in question was to be handed-over to accused-Khalil Uddin, an owner of a tea shop.

5. The High Court by its order which is presently under challenge, directed release