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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA, J.
Md. Kari Alias Md Jiyauddin, S/o. Majlum – Petitioner
Versus
The Union of India, To Be Represented By The Learned Standing Counsel, Narcotics Control Bureau – Respondent
Bail Appln.3736 of 2025
Decided On : 22-01-2026
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. S. NawAz, learned counsel for the petitioner and also heard Mr. S.C. Keyal, learned Standing Counsel, NCB.
2. This is an application under Section 483 BNSS, whereby the accused- petitioner, namely, Md. Kari @ Md. Jiyauddin who was arrested on 16.06.2020 in connection with NDPS PS Case No. 108/2020 under Section 8(c)/20(b)(C)(ii)/29 of NDPS Act, 1985 is seeking bail.
3. That on 15.06.2020, at around 04.00 P.M., an Intelligence Office of the Narcotics Control Bureau (NCB) allegedly received confidential information from a reliable source regarding the transportation of Ganja (Cannabis) by three individuals, including the accused petitioner, namely, Md. Kari @ Md. Jiyauddin, Ghuntun Ray, and Ravindra Ray, in a truck bearing Registration No. CG 08 L- 3066, expected to arrive near Priti Bhoj Dhaba, NH-37, Baihata Chariali, around 07:00 A.M. on 16.06.2020. At approximately 07:15 A.M., the said truck arrived and was intercepted, and upon preliminary questioning, the occupants identified themselves as the aforementioned individuals, with Ravindra Ray being the driver. A search of the vehicle revealed a concealed cavity behind the driver's seat, sealed with screws, from which 36 packets wrapped in brown cello tape were recovered. Upon opening, the packets allegedly contained dried flowering and fruiting tops suspected to be ganja, and representative samples drawn from each packet tested positive for cannabis using a Drug Detection Kit. The total weight of the seized contraband was recorded as 484.3 kilograms.
4. That the NCB issued notices under Section 67 of the NDPS Act, 1985, to all the accused persons, including the accused petitioner, Md. Kari, as well as the independent witnesses, on 16.06.2020, and recorded their statements regarding the incident.
5. That on 16.06.2020, subsequently, the accused petitioner and the co- accused were arrested by the NCB team, for allegedly committing an offense under Section 8(c) read with Sections 20(b)(il)(c) and 29 of the NDPS Act. A memorandum of arrest was served upon the accused petitioner, Md. Kari @ Jiyauddin.
6. The NCB filed the Final Complaint in the present case under Sections 8(c), 20(b)(ii)(c), and 29 of the NDPS Act, implicating all the arrested individuals, including the accused petitioner. Additionally, three accused, namely Sukur, Narayan, and Kali Ray, were shown as absconders in the complaint. NDPS Case No. 108/2020 was thereafter registered. Meanwhile, the absconding accused, Sukur @ Aminur Islam, was also arrested and taken into custody.
7. The accused petitioner, had preferred a bail application before this Court, being B.A. No. 456/2021, but vide order dated 05.04.2021, his bail prayer was rejected.
8. During the pendency of the proceedings in NDPS Case No. 108/2020, the accused petitioner was taken from Guwahati Central Jail to Patna Central Jail on a production warrant for the purpose of completing procedural formalities in connection with Special Case (NDPS) No. 7/2019 before the Special (NDPS) Court No. 1, Patna.
9. Subsequently the present case i.e. NDPS Case No. 108/2020 was split up separating the proceedings concerning the present accused petitioner from the others. Subsequently, charges were framed against the other accused persons and after a trial the said accused persons were acquitted by the learned Special Judge, NDPS, Kamrup(M).
10. Subsequently, the present petitioner was acquitted in Special Case (NDPS) No. 07/2019 on 09.06.2025 i.e. the case where he was under trial at Patna and was therefore returned from Patna Central Jail and the split up case against the present petitioner was at the stage of consideration of charge at the time of filing of the instant bail application.
11. In the meantime, one co-accused Aminur Islam @ Sukur Ali was released by the High Court on bail by order dated 29.04.2025.
12. Mr. Nawaz, learned counsel for the petitioner submitted, on factual grounds that the petitioner is innocent as he had no
AI
The court ruled that bail should be granted due to insufficient evidence against the petitioner and the acquittal of co-accused, establishing reasonable grounds for presuming his innocence.
The court established that significant flaws in evidence and lack of mens rea warrant bail under the NDPS Act.
The court denied bail under Section 37 of the NDPS Act due to the petitioner's history of similar offences and role as a financier in drug transportation.
The court established that conscious possession of narcotics is critical for bail under the NDPS Act, and procedural compliance does not negate the evidence of possession.
Possession of contraband requires awareness; presumption of conscious possession arises when transporting substantial quantities, limiting bail options under NDPS Act.
The main legal point established in the judgment is the application of Section 37(1)(b)(ii) of NDPS Act and the interpretation of the concept of possession as occurring in Section 20 to 22 of NDPS Ac....
Point of Law : Liberal approach in the matter of bail under the NDPS Act, is uncalled for. Therefore, it is quite clear that an order of bail cannot be granted in an arbitrary or fanciful manner.
The court emphasized that under Section 37 of the NDPS Act, bail cannot be granted unless the twin conditions are satisfied, especially in cases involving large quantities of contraband.
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