Page No.# 1/5 GAHC010067842025 2025:GAU-AS:5194 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./976/2025 JAHANGIR ALOM AND ANR SON OF LATE SAHAJ UDDIN R/O VILL- BHOGRANDHA P.O.GAJIA P.S.AND DIST. BARPETA, ASSAM 2: RAKIBUL ISLAM S/O SUKUR ALI R/O VILL- BHOGRANDHA P.O.GAJIA P.S.AND DIST. BARPETA ASSA VERSUS THE STATEOF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, GOVT.OF ASSAM Advocate for the Petitioner : MR. A M KHAN, MR T T MONI Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 29.04.2025 Heard Mr. A.M. Khan, learned counsel appearing for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor appearing for the State respondent. 2. This application is filed under Section 483 of the BNSS, 2023 praying for releasing the accused/petitioners, i.e. Jahangir Alom and Rakibul Islam, who were arrested on 05.03.2024 in connection to Silchar PS Case No.207/2025 registered under Section 21(b)/29 of the NDPS Act, 1985. 3. The facts of the case is that one Sri Pranab Jyoti Choundhury, SI(P) of Silchar Police Station lodged a FIR on 05/03/2025 at Silchar PS alleging inter alia to the effect that the informant had received an information regarding two persons roaming outside Silchar Railway Station carrying with contraband drugs and a GDE vide Tarapur TOP GDE No. 63 dated 04/03/2025 was made. Thereafter necessary authorization was taken from the OC Silchar PS and accordingly a team was constituted for search and seize. Consequently the team proceeded towards the place of occurrence and the suspected accused petitioners were intercepted and search was conducted in presence of independent witnesses following due procedure of law. Upon searching the accused petitioner Jahangir Alom one black colour Dell Laptop bag was recovered which contained total 3 (three) nos. of plastic soap cases, each of which contained sealed transparent plastic packet in which Page No.# 3/5 orange & white coloured powder substance was found which was suspected to be Heroin weighing 122 gm (with soap case) and 38 gm (without soap case). On the basis of the said FIR a case being Silchar PS Case No.207/2025 under Section 21 (b)/29 of NDPS Act has been registered against the accused petitioners. 4. Accordingly, the accused/petitioners were arrested on 05.03.2025 and after arrest, they were forwarded to the Court of learned CJM, Cachar, Silchar, Assam on 05.03.2025 and since then they have been languishing in jail. 5. Mr. A.M. Khan, learned counsel appearing for the petitioner submits that the accused/petitioners have been languishing in jail for 55 days and mandatory period of 60 days is going to end within 5 days. He accordingly prays for releasing the accused/petitioners on bail. 6. Per contra, Mr. B. Sharma, learned Additional Public Prosecutor appearing for the State respondent fairly submits that the quantity of the narcotic substances is of intermediate quantity and since the mandatory period of 60 days is coming to an end within 5 (five) days 7. I have heard the learned counsel appearing for both the parties and have perused the material available on records including the case diary. 8. It appears that the accused/petitioners have been languishing in jail since last 55 days. It further appears that the quantity of the contraband articles seized is of intermediate quantity. Page No.# 4/5 9. Considering the totality of the facts and circumstances of the case and especially the length of detention and that contraband articles seized is of intermediate quantity, this Court is of the considered opinion that further detention of the accused/petitioners is not justified. 10. Accordingly, it is provided that the accused/petitioners, named above, shall be released on bail bond of Rs. 50,000/- each with one government and one local surety of like amount to the satisfaction of the learned Special Judge, Cachar, Silchar subject to the following condition:- (a) shall not leave the territorial jurisdiction of jurisdictional learned Special Judge, under the NDPS Act, without prior written permission from him; (b) shall deposit his Passport/visa, etc if any, in the court of the learned jurisdictional Special Judge; (c) shall not hamper with the investigation, or tamper with the evidence of the case; (d) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (e) shall appear before the Investigating Police Officer once in a week until the entire investigation of the case is completed and as and when called by the Investigating Police Officer for the purpose of investigation of the case. 11. It is needles to be clarified that the breach of any of the above Page No.# 5/5 conditions shall render cancellation bail in accordance with law. Resultantly, the Bail Application stands disposed of. JUDGE Comparing Assistant