GAHC010165422025 2025:GAU-AS:13445 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Bail Appl. No. 2459 of 2025 Sri Paominthan Vaiphei, Age-24 (in Jail) … … …Petitioner S/o Sri Khama Vaiphei R/o Vill. Nakhujang PO & PS Kharam Thadoi Dist. Senapati, Manipur Pin-795146.

-Versus-

Union of India … … …Respondent For the petitioner : Mr. Darrak Ullah, Advocate.

For the Respondent : Mr. D.Borah, Standing Counsel, DRI.

Date of hearing : 19.09.2025. Date of judgment : 26.09.2025.

-BEFORE-

HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA JUDGMENT & ORDER (CAV)

Heard Mr. Darak Ullah, learned counsel for the accused petitioner and Mr.

D.Bora, learned Standing Counsel for Union of India i.e. Directorate of Revenue Intelligence (DRI).

2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for bail for the accused petitioner who was arrested and taken into custody on 04.02.2025 in connection with Departmental Case No. 07/CL/NDPS/DRI/SIL/2024-25 dated 03.02.2025 under Section 21(C)/29 of NDPS Act. 3. The brief fact of the case is that acting on a specific Intelligence, shared by DRI Guwahati Zonal Unit, the officers of Directorate of Revenue Intelligence, Silchar Sub- Regional Unit, Silchar, along with two Independent witnesses and with the assistance of the Assam Rifle, 38th Unit, Silchar, identified and intercepted one TUV300 T8 MHA car bearing Regn No. AS-02-Z-2315 at 20:45 hours on 04.02.2025 at Ramnagar area of Cachar District of Assam, which was coming from Aizawl, wherein the driver of the said car Identified himself as Sri Paominthang Vaiphei (Age 24 yrs.), S/o Sri Khama Vaiphei, Nakhujang Village, Kharam Thadol, Senapati District, Manipur 795146. (As per Aadhaar Card-6863 8054 4762). The DRI officers along with Independent witnesses identified themselves before the suspect and enquired on the specific Intel if they were carrying any contraband goods to which he initially denied but hesitantly confessed that he was carrying contraband drugs concealed inside the vehicle. The driver of the car Sri Paominthang Vaiphei requested DRI officers to take the vehicle to some safe place for carrying out rummaging and other formalities and as no logistics were available to find and open the concealment in the car at main road, accordingly the vehicle along with driver was brought to the DRI, Silchar, SRU at Silchar duly escorted by DRI officers, Assam Rifles personals and Independent witnesses at around 21:30 hrs. At around 10:00 pm, the DRI officers started rummaging procedure under videography, of the vehicle in the presence of the driver of the car, panchas, Assam Riffle personnel, wherein the driver of the car viz. Sri Paominthang Vaiphei told the officer of DRI that the contraband goods were concealed in the body cavity behind the third row (side-facing jump seat). From the said cavity, 9 rectangular sized packets were recovered. The Officer then opened a small portion of a packet and conducted drug test of the recovered substances with testing kit at the spot which confirmed presence of contraband drug and the same packet was marked 1 and weighed. Subsequent other packets were opened, marked from serially number 2 to 8 and weighed. In one of the rectangular packet, one 9 mm Sig Sauer Brand Pistol with Serial No 58C364469 and Two Magazine of SIG Sauer 9 mm and 30 live rounds of 9mm LUGER, PMC outwardly wrapped with Bluish paper, Carbon paper, corrugated cardboard and black plastic were found present and recovered. The DRI Officers took personal search of the occupant but before that he was offered option in writing for search before a Judicial Magistrate or a Gazetted Officer to which he opted for search before a Gazetted Officer, Prior to personal search of the driver, he was also offered to search the DRI officer who was about conduct his personal search in front of the Gazetted officer as well as the panchas. During personal search no more contraband goods were found f