THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE UNION OF INDIA

Advocate for the Petitioner : MD. M H CHOUDHURY, TANZIM L. CHOUDHURY,R. BARUAH,MR. S N AHMED,MRS. L N CHOUDHURY,MR MONZUR K CHOUDHURY Advocate for the Respondent : SC, CUSTOMS, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

13.11.2025 ORDER

Heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mrs. L. N. Choudhury, learned counsel appearing for the accused applicant as well as Mr. S. C. Keyal, learned standing counsel, Custom Department.

This petition under Section 483 of the BNSS, 2023 has been filed by the Page No.# 2/4 accused-applicant, namely, Mahjubi Parbin, praying for grant of bail in connection with Customs (Anti-Smuggling) Guwahati Division Customs Seizure Case No. 04/UCL/IMP/AS/GAU /2025-26 dated 25.04.2025 under the Customs Act, 1962.

Case diary as called for is placed before the Court.

The gist of allegation against the accused applicant as per the complaint is that a huge quantity of foreign cigarette valued at Rs. 5,60,00,000/- and poppy seeds valued at Rs. 11, 41,824/- were recovered and seized by the Customs officials from a godown of Ranjit Sarma who had given the godown on rent to the accused applicant.

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 provision of Section 7(1)(c) and in violation of the provision of Section 11 (and the notification issued there under) of the Customs Act, 1962 read with the Provision of Section 7(3) of COTPA, 2023 read with the provision of the Foreign 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 provision of FEMA, 1999 which is liable for confiscation under Section 111(b) and (d) of the Customs Act, 1962, hence, seizure effected under Section 110 of the Customs Act 1962.

The aforesaid facts are punishable under Section 135 of the Customs Act which is non bailable in nature.

Learned Senior Counsel for the accused applicant submits that the accused applicant is the fiancee of one of the co-accused, Md. Kaizul Islam Choudhury and on being request made by the aforesaid Kaizul Islam Choudhury, she had entered Page No.# 3/4 into a rent agreement for the godown with the owner, Ranjit Sarma. He submits that she is totally unaware about the goods stored in the godown and the business that was being done by the aforesaid Kaizul Islam Choudjury.

He further submits that the accused applicant has been arrested on

14.10.2025 and for the last 30 days she is behind the bars. He submits that since the goods have already been seized and relevant documents were also seized and the investigation is on the verge of completion, further custodial detention of the accused applicant may not be necessary at this stage. Therefore, he prays that the accused application should be granted bail at this stage.

Mr. S. C. Keyal, learned standing counsel, Customs Department submits that the investigation is still going on and huge quantity of smuggled goods were recovered from the aforesaid godown. He submits that the accused applicant had entered into the rent agreement with the owner Ranjit Sarma and therefore, she is aware about the goods stored in the godown.

Learned standing counsel further submits that the Anti Smuggling Unit, Guwahati Customs Department has in the resent times, seized many consignments of manufactured/produced foreign brand cigarettes and poppy seeds. He submits that there is a trend of smuggling which involves foreign origin cigarettes and poppy are often routed through Myanmar and thereafter make way into the Indian market though the porous routes of Indo Myanmar border thereby, jeopardizing genuine products manufactured at the Indian soil.

It is further submitted by the standing counsel that these 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 since the seized materials are of huge quantity involving an organized group of offender and the investigation in the instant case is still ongoing, therefore, at this stage this Court should not Page No.# 4/4 allow the accused applicant to go on bail.

This Court has gone through the materials available in the case diary as well as heard the submissions made by the respective counsel for the parties.

Having regard to the kind of offence alleged in the complaint and taking into account the broader perspective of involvement of an organized crime which has potential of threatening the economic sovereignty of the country, this Court is of the considered opinion that this is not a fit case wherein the accused applicant should be granted bail at this stage.

Return the case diary. JUDGE Comparing Assistant