GAHC010004282026 2026:GAU-AS:2053 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./130/2026 INDRAJIT RAY @ ANARAJIT RAY SON OF LAXMAN RAYPERMANENT ADDRESS VILL-

DUMARIP.O.BAGHRA, BLOCK- TOLA MOHANPUR P.S.- PATORI DIST.-

SAMASTIPUR,BIHAR-848506 PRESENT ADDRESS-

C/O MUKTARUDDIN AHMED R D ROAD, ULUBARI, H. NO. 133, P.O. ULUBARI P.S. PALTAN BAZAR DIST. KAMRUP (M), ASSAM, VERSUS UNION OF INDIA REP BY THE SC, NCB.

Advocate for the Petitioner : MR. P K SAHARIA, MS K DAS Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 12.02.2026 Heard Mr. P. K. Saharia, learned counsel for the accused-applicant. Also heard Mr. R. K. D. Choudhury, learned Standing Counsel representing the NCB.

2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused-applicant in connection with NDPS P.S. Case No. 34/2022, arising out of NCB Crime No. 14/2022, registered under Sections 21(C)/29 of the NDPS Act, 1985, pending before the Court of the Special Judge, Rangia, Kamrup.

3. The prosecution story is, inter alia, that on 02.06.2022, at about 06:00 hrs, Intelligence Officer, NCB, Shri Phani Narjinari of Guwahati Zonal Unit, received an information from a casual informer that two persons, namely, Nurmahammad Ali and Indrajit Ray will come through NH-15 from Tezpur towards Rangia in a Maruti Gypsy No. AS-01 FA-4617 and they will reach Baihata Chariali between 1400-1700 hrs; that the two persons were carrying huge quantity of Morphine/Heroin; that Shri Rakesh Chandra Shukla, Zonal Director, NCB Guwahati, on the basis of such information, issued an office order dated 02.06.2022, whereby authorized Shri Phani Narjinari as seizing officer; that in pursuance to the said order a NCB team was formed and the same team reached Baihata Chariali at about 1230 hrs on 02.06.2022; that the police team deputed with the District SP along with the NCB team reached near 648 No. Kshudrapalaha L.P. School and approached three persons to be independent witnesses, who agreed to do so; that at about 1500 hrs, the aforesaid Maruti Gypsy was intercepted before the aforesaid school and found 2 persons sitting in the vehicle. The police team & NCB officials introduced themselves to the occupants of the vehicle, whereon, the driver of the vehicle introduced himself as Indrajit Ray and the co-driver introduced himself as Nurmahammad Ali; that thereafter, the two accused persons were taken to Baihata Chariali police station along with the Maruti Gypsy car; that at about 1530 hrs, the Maruti Gypsy car was searched wherein a specially made additional cavity in the body right and left sides of front seats of car was found; that when the cavity was thoroughly searched, 32 nos. of transparent plastic packets concealed in the special cavity were recovered; that when tested the contents of the packets, the same tested positive for Heroin and the total weight was found to be 16.777 kg; that the two accused persons were arrested on the same day.

4. On receipt of the FIR, the Police registered NDPS P.S. Case No. 34/2022, arising out of NCB Crime No. 14/2022, under Sections 21(C)/29 of the NDPS Act, 1985.

5. Final complaint dated 28.11.2022, was filed before the Court of the learned Addl. District & Sessions Judge, Rangia, Kamrup, for commission of offence under Section

21(C)/29 and 8(C) of the NDPS Act, 1985.

6. The learned counsel for the accused-applicant submits that the accused-applicant is inside the judicial custody for 3 years 8 months 10 days and though the trial has started, out of the 13 listed witnesses, only 5 witnesses have been examined before the Trial Court till date. He further submits that while arresting the accused-applicant, the mandates of Section 41B as well as Section 50 of Cr.PC were not complied with by the arresting authority. He submits that while arresting the accused-applicant, the notice under Section 50 of the Cr.PC did not contain an