Page No.# 1/4 vs The Union Of India on 26 August, 2025

Gauhati High Court

Page No.# 1/4 vs The Union Of India on 26 August, 2025

                                                                             Page No.# 1/4

GAHC010132382025




                                                                    2025:GAU-AS:11375

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

                                   Case No. : AB/1388/2025

            AZIZ ZAKARIA MAZUMDER AND 2 ORS.
            SON OF ABDUL HAMID MAZUMDER,
            R/O VILL- DUDHPATIL PT. 5, P.O. DUDHPATIL, P.S. SILCHAR, DIST.
            CACHAR, ASSAM, PIN-788003

            2: MAHJUBI PARBIN
             D/O ABDUL GAFUR SADAGAR

            R/O VILL- DAULATPUR
            P.S. BIHPURIA
            P.S. NORTH LAKHIMPUR
            DIST. LAKHIMPUR
            ASSAM
            PIN-787054.

            3: FAKRUL ALOM BARBHUIYA
             S/O SABIR AHMED BARBHUIYA
            R/O MAZUMDER BAZAR

            P.O. TARAPUR PT.VILL- P.S. SILCHAR

            DIST. CACHAR
            ASSAM
            PIN-788008

            VERSUS

            THE UNION OF INDIA
            REPRESENTED BY THE STANDING COUNSEL, CUSTOMS



Advocate for the Petitioner   : MS. R S SADIAL, MR. M R SODIAL
                                                                      Page No.# 2/4

Advocate for the Respondent : SC, CUSTOMS,




                                      BEFORE
               HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA
                                       ORDER

26.08.2025

Heard Ms. R.S. Sadial, learned counsel for the petitioners. Also
heard Mr. C. Keyel, learned Standing Counsel for Customs Department.

1. This is an application for pre-arrest bail preferred by the
petitioners namely Aziz Mazumder, Mahjubi Parbin and Fakrul Alom
Barbulya in connection with Case No. 04/UCL/IMP/AS/GAU/2025-2026.
The allegation against the accused/petitioner as per the complaint is
that a huge quantity of foreign cigarettes valued at Rs. 5,60,0000/-
and poppy seeds valued at Rs. 11,41,824/- were recovered and seized
by the customs official from a go-down situated at Kamarkuchi,
Kamrup, Assam, to one Shri Ranjit Sharma, and further enquiry
revealed that the said go-down was given on rent to petitioner Nos. 1
& 2.

2. It appears that the aforesaid items were seized by the customs
on reasonable belief that the consignment of cigarettes of foreign
origin and poppy seeds were illegally imported through a route other
than those specified under the provisions of Section 7(1)(c) and in
violation of the provisions of Section 11 (and the notifications issued
there under) of the Customs Act, 1962 read with the provisions of
section 7(3) of COTPA, 2003 read with the provisions of the Foreign
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Trade (Development and Regulation) Act, 1992 including the Orders
and Rules made there under, as amended and made applicable to the
Customs Act, 1962 under Section 3(3) ibid and contravention of
provisions of FEMA, 1999.which is liable for confiscation u/s 111 (b) &

(d) of the Customs Act, 1962, hence, seizure effected u/s 110 of
Customs Act, 1962″

3. Further, the aforesaid acts are furnishable under Section 135 of
the Customs Act which is non-bailable in nature.

4. On perusal of the case diary, it appears that notice were duly
issued to the petitioners, but they have not appeared before the
customs authority except petitioner No. 3. There also appears to be
sufficient incriminating materials available against the petitioner Nos. 1
& 2 and as far as petitioner No. 3 is concerned.

5. It is submitted on behalf of the customs that since petitioner No.
3 is an employee of one Kaijul Islam Choudhury and most of the rental
payment for the go-down where from the articles were seized was
done by the said Kaijul Islam Choudhury indicating that he is also
involved in the smuggling, it is necessary to interrogate the petitioner
No. 3 in custody.

6. It is also submitted that the Anti-Smuggling Unit, Guwahati
Customs Division have in the recent period seized many consignment
of foreign manufactured/produced brand cigarettes and poppy seed.
There is a trend of smuggling which involves foreign origin cigarettes
and poppy seeds are often routed through Myanmar and thereafter
make way into the Indian markets through the porous routes of Indo
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Myanmar border thereby jeopardizing the genuine products
manufactured at the Indian soil.

7. It is further submitted that the seized cigarettes and poppy seeds
are of foreign origin and thus an offence punishable under Section 135
of the Customs Act 1962 has been committed and proper investigation
is due in this regard to identify the persons involved behind the
smuggling activity threatening the economic sovereignty of the
country.

8. Having regard to what has been reflected above, the prayer for
pre-arrest bail in respect of the petitioners stands rejected and the
application stands dismissed.

9. Return back the CD.

JUDGE

Comparing Assistant