High Court dismissed bail application in NDPS case. Bench held bar of Section 37 applies as commercial quantity recovered from applicant's bedroom. Absence during recovery did not overcome statutory bar. Application rejected.
Bail application dismissed. Prayer for bail rejected as Section 37 bar applicable.
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GAHC010145182026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Bail Appln./1935/2026
RABIUL HUSSAIN S/O- HIKMAT ALI KHAN RESIDENT OF VILLAGE MOUKHARI POLICE STATION BARPETA DISTRICT- BARPETA ASSAM.
VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM -----------Advocate for : MR. R ALI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
Date : 16.09.2026
Heard Mr. R. Ali, learned counsel for the petitioner. Also heard the learned
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Additional Public Prosecutor appearing for the State.
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contraband was recovered from the bed room of the petitioner, the bar of Section 37 of NDPS Act is squarely attracted and the same has not been
overcome in the facts and circumstance of the present case.
Bail application stands dismissed.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether bail should be granted in an NDPS case where commercial quantity of contraband was recovered from the applicant's residence.
Whether the bar under Section 37 of NDPS Act applies when the applicant was absent during recovery.
Whether the applicant's presence at the time of recovery is a relevant consideration for bail in commercial quantity cases.
3 provisions across 3 enactments
Rabiul Hussain
The State of Assam
Sanjeev Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
