GAHC010280882025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./4103/2025 JAMIR UDDIN S/O LT. KALA MIA R/O VILL- MAHAKAL P.S. BADARPUR DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MISS. P M AHMED,MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

18.02.2026 Heard Mr. A. Ahmed, learned counsel for the accused/applicant. Also heard Mr. R.G. Baruah, learned APP for the State.

2. This is an application under Section 483 of the BNSS, 2023, praying for bail of the accused/applicant in connection with Special (NDPS) Case No.60/2025 arising out of Karimganj P.S. Case No.250/2025, registered under Section 21(c)/25/29 of NDPS Act, 1985.

3. An FIR was lodged on 21.05.2025 by WSI(P) Krishnamoni Kalita alleging, inter alia, that on the same day the police received secret information regarding transportation of a huge quantity of narcotic contraband in a vehicle bearing Registration No. AS-26 AC-0816 and that another truck bearing Registration No. AS-26 AC-0664 was escorting the said vehicle while proceeding from Badarpur to Patharkandi via Sribhumi Bypass. Acting upon the said information, the police conducted naka checking and intercepted both the vehicles. Upon search, the police allegedly recovered 1236.35 grams of heroin from the truck bearing Registration No. AS-26 AC-0816. However, no contraband substance or any other incriminating material was recovered from the other truck bearing Registration No. AS-26 AC-0664. On the basis of the said FIR, Karimganj P.S. Case No. 250/2025 was registered under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

4. After completion of investigation, the Investigating Agency submitted charge-sheet, vide Charge-Sheet No. 372/2025 dated 11.11.2025 before the learned District & Sessions Judge-cum-Special Judge (NDPS), Sribhumi, in connection with Karimganj P.S. Case No. 250/2025, under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

5. Mr. A. Ahmed, learned counsel for the accused/applicant, submits that the accused/applicant has been falsely implicated in the present case and he is in no way connected with the alleged offence of transportation of narcotic contraband. He submits that the accused/applicant was merely travelling in the truck bearing Registration No. AS-26 AC-0664, which was moving behind the other truck from which the alleged contraband was seized, and that no narcotic substance or any incriminating material was recovered from the vehicle of the accused/applicant. He further submits that even in the charge-sheet submitted in connection with the present case under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, there is no specific allegation of conscious possession or transportation of any contraband by the accused/applicant, nor is there any independent material to establish his involvement in the alleged offence committed by the driver of the other truck bearing Registration No. AS-26 AC-0816. He further submits that the charge- sheet has been laid primarily on the basis of the statement of the co-accused, namely the driver of the truck bearing Registration No. AS-26 AC-0816, and the alleged confessional statement of the accused/applicant. It is contended that it is well settled by a catena of judgments of the Hon’ble Supreme Court as well as the Hon’ble Gauhati High Court that the confessional statement of an accused recorded by police, and the statement of a co-accused, cannot by themselves from the sole basis for implication, much less for denial of bail.

6. Mr. R.G. Baruah, learned APP for the State, on the other hand, submits that the knowledge of the accused/applicant regarding the transportation of narcotic contraband in the other truck cannot be ruled out at this st