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2025 Supreme(Online)(GAU) 576

HIGH COURT OF GAUHATI
MRS. JUSTICE MALASRI NANDI, J
JASIR UDDIN BARBHUIYA AND ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
MR. A CHAUDHURY, MR. D BORA, MR. N MAHAJAN, MR. P K DAS

ORDER

13.03.2025

Heard Mr. B.K Mahajan, learned counsel for the petitioners. Also heard Mr. D.P Goswami, learned Addl. P.P for the State.

2. By filing this bail application u/s 483 of BNSS, 2023, the petitioners have prayed for bail in connection with Special NDPS Case No.76/2023 (arising out of Bazaricherra Police Station Case No. 132/2023) u/s 22(c)/ 29 of NDPS Act, pending in the Court of learned Sessions/Special Judge, Sribhumi (Karimganj).

3. The factual matrix leading to this bail application is that an FIR has been lodged on 01.07.2023 before the Officer-in-Charge of Bazaricherra P.S stating inter alia that on the same day at around 4.40 A.M, one white color 4-wheeler Bolero pickup truck bearing registration no. AS-11-DC-7274 which was coming from Guwahati side towards Tripura, was signaled to stop at the naka checking point. During checking of the truck, 10 nos. of cartons containing 1500 nos. of bottles of suspected Codeine Phosphate Syrup were found, which were concealed with various types of online booking goods of Blue Dart, weighing about 180 kgs. The vehicle along with the recovered items were seized and the accused petitioners were arrested.

4. It was urged by the learned

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