GUWAHATI, India, Feb. 3 -- Gauhati High Court issued the following order on Jan. 6:

1) Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned standing counsel for the respondents.

2) By filing this application under Article 226 of the Constitution of India, the petitioner, namely, Md. Farish, son of Late Wahid Ali, resident of village- Sangaiypham Part-II, under P.S. and District- Thoubal, Manipur, has prayed to release him in connection with NDPS Case No. 12/2025. Prosecution case, in brief:

3) A final complaint dated 22.10.2024, was filed by the Narcotic Control Bureau, Guwahati Zonal Unit (hereinafter referred to as "NCB-GZU" for short), before the Court of District & Sessions Judge, Kamrup (Metro). The said case was registered as NDPS Case No. 140/2024, and put up before the Court of the learned Special Judge (NDPS), Guwahati, on 23.04.2024.

4) As per the complaint filed by the NCB-GZU, the case of the prosecution, in brief, is that on 28.10.2023, a secret information was received from a reliable source that the petitioner and Md. Jayad Khan, another coaccused, would be trafficking about 300-400 gram Heroin in Maruti Swift vehicle bearing registration no. AS-01-AE-8182 and they would be passing towards Barpeta from Hajo side. Accordingly, the information was reduced in writing. It is projected that after following due process and upon receipt of due authorization, a team was constituted to conduct search and seizure. Request was made to two persons to be independent witnesses. On 28.10.2023, at about 9.30 pm., the said vehicle was seen coming from Amingaon side, was stopped by the NCB team. The vehicle was stopped and two accused persons, including the petitioner had admitted that 32 packets of Heroin were kept concealed in the car, out of which 11 packets were kept concealed in a special cavity near the co-driver seat, between co-driver seat and co-driver gate within the floor of the car; 11 packets of Heroin was concealed in a special cavity near the driver's seat between the driver's seat and driver gate within the floor of the car; 5 packets of Heroin were kept concealed in a special cavity under the codriver's seat in the floor of the car; and 5 packets of Heroin was kept concealed in a special cavity under the driver's seat in the floor of the car.

5) It was foggy and there was less light, and a car mechanic was required for a thorough search and moreover, public had started gathering around the NCB team and occupants of the vehicle, creating concern about the safety of the intercepted persons as vehicles were moving on the Highway. Therefore, the NCB team had departed from the spot at about 9.45 pm along with the two independent witnesses and intercepted vehicle and reached the NCB Office at Guwahati at about 11.00 pm. A mechanic, named in the complaint was called and as shown by the petitioner, search of the car was initiated at about 11.15 pm. The complaint contains the description of as to how the place where Heroin was concealed was found with the help of the car mechanic and recovery and regarding the manner the seizure of 32 packets of the contraband Heroin was made from the hiding place.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x17xC%2Fh%2BrNFT65AksRIfXiHcEsXems00ywFPRQ168GMG&caseno=W.P.(Crl.)/50/2025&cCode=1&cino=GAHC010159142025&state_code=6&appFlag=)

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