Page No.# 1/5 GAHC010075402025 2025:GAU-AS:6874 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1188/2025 MOHIBUL HOQUE @ MOHIBUL ALI @ RAHUL S/O RAHAMAT ALI @ ROHMAT, R/O ROWA PT-III, P.S.- GAURIPUR, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M HOSSAIN, S KHAN,MR J HUSSAIN,MD A WADUD Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 28/05/2025 Heard Mr. M Hossain, learned counsel for the petitioner and Mr. D P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Mohibul Hoque @ Mohibul Ali @ Rahul, son of Rahamat Ali @ Rohmat, resident of Rowa Pt-III, P.S. Gauripur, District-Dhubri, has filed this application under Section 483 of BNSS, 2023, on 05.04.2025, praying for his bail in Special (NDPS) Case No. 337/2023 arising out of Gauripur Police Station Case No. 257/2023 registered under Sections 22(b)/22(c) of NDPS Act, 1985 corresponding to G.R. No. 1112/2023, wherein he was arrested on 04.07.2023 and is in custody since then. 3. As per the FIR dated 30.06.2023 lodged before the Officer-in-Charge of Gauripur Police Station on receipt of reliable information in the evening of 29.06.2023 that one Akkas Ali (Rahul), son of Late Abdus Samdi is carrying NDPS substance near Madhusolmari Part-I rail crossing gate, police personnel from Gauripur Police Station with due authorization proceeded to Modhusolmari Goibazar near rail gate in presence of local independent/villagers. Said Akkas Ali (Rahul), son of Late Abdus Samdi was apprehended and on being searched (i) 87 nos. Pyvoon Spash Plus Tablet, (ii) 30 nos. of Nitron 10 tablets, (iii) 12 nos. of Codeine based Cough Syrup along with his realme mobile phone, Indian currencies and Bhutan currencies were recovered from his conscious possession. Those recovered items from the conscious possession of said Akkas Ali (Rahul) were duly seized and handed over to the Gauripur Police Station. Accordingly, said FIR was registered as Gauripur P.S. Case No. 257/2023 under Sections 22(b)/22(c) of NDPS Act, 1985 corresponding to G.R. No. 1112/2023. 4. Said Akkas Ali (Rahul) was produced before the Court of learned Chief Judicial Magistrate, Dhubri on 01.07.2023. 5. During the investigation of the case, the petitioner was also arrested as he used to buy such NDPS/contraband products from the said arrested accused Akkas Ali (Rahul) and used to sell it within the area of Madhusolmari and Rowa under the jurisdiction of Gauripur Police Station. After his arrest, the petitioner was produced before the learned Chief Judicial Magistrate, Dhubri on 04.07.2023 and since then he is in custody. Page No.# 3/5 6. It is contended by the petitioner that he is no way connected with the case and the prosecution witnesses so far examined during the trial of the case did not implicate him of any such offence as alleged. As such, considering his length of detention since 04.07.2023, he should be considered for his bail in said Special (NDPS) Case No. 337/2023 arising out of Gauripur P.S. Case No. 257/2023, presently pending before the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri. 7. Perused the records of Special (NDPS) Case No. 337/2023 along with the records of Gauripur P.S. Case No. 257/2023. 8. As per the FSL report dated 06.10.2023, the seized substances recovered in the case gave positive tests for (i) Tramadol with 48.5 mg. (ii) Nitrazepam with 8.85 mg. and (iii) Codeine as Codeine Phosphate of 169.9 mg. 9. After completion of the investigation of the case, police submitted the charge-sheet in said Gauripur P.S. Case No. 257/2023 on 29.11.2023 vide Charge-Sheet No. 676/2023 against the petitioner and the other accused Akkas Ali (Rahul) under Sections 22(b)/22(c) of the NDPS Act. 10. After filing of the charge-sheet on 29.11.2023, said Gauripur P.S. Case No. 257/2023 was registered as Special (NDPS) Case No. 337/2023. 11. On 17.01.2024, charge under Sections 22(c)/29 of the NDPS Act was framed against the petitioner and the other accused Akkas Ali (Rahul) in said Special (NDPS) Case No. 337/2023. 12. From the records of the case, it is seen that as on 15.02.2025, out of 10 prosecution witnesses, named in the charge-sheet, prosecution has adduced evidence of 6 of its witnesses, who were thoroughly cross-examined by the defence on behalf of the accused petitioner including the present petitioner. 13. The Hon’ble Apex Court in the case of X -Vs.- State of Rajasthan, reported in (2024) INSC 909 = 2024 STPL 12498 SC have held that — In serious offences, once the trial commences and the prosecution starts examining its witnesses, the Court, be it the Trial Court or the High Court should be loath in entertaining the bail application of an accused of the case.” 14. Their Lordships in said X -Vs.- State of Rajasthan further held that — “Over a period of time, we have noticed two things, i.e., (i) either bail is granted after the charge is framed and just before Page No.# 4/5 the victim is to be examined by the prosecution before the trial court, or (ii) bail is granted once the recording of the oral evidence of the victim is complete by looking into some discrepancies here or there in the deposition and thereby testing the credibility of the victim. We are of the view that the aforesaid is not a correct practice that the Courts below should adopt. Once the trial commences, it should be allowed to reach to its final conclusion which may either result in the conviction of the accused or acquittal of the accused. The moment the High Court exercises its discretion in favour of the accused and orders release of the accused on bail by looking into the deposition of the victim, it will have its own impact on the pending trial when it comes to appreciating the oral evidence of the victim. It is only in the event if the trial gets unduly delayed and that too for no fault on the part of the accused, the Court may be justified in ordering his release on bail on the ground that right of the accused to have a speedy trial has been infringed.” 15. Considering the materials in the case records, as charge-sheet in the case was filed on 29.11.2023 and charge was framed on 17.01.2024 and as on 15.02.2025, prosecution has adduced evidence of 6 of its witnesses out of 10 prosecution witnesses, named in the charge-sheet and considering the decision of the Hon’ble Apex Court in the case of X -Vs.- State of Rajasthan (Supra), the Court is of the opinion that the right of the accused petitioner to have a speedy trial has not been infringed. 16. As such, detention of the petitioner since 04.07.2023 cannot be considered for his bail in said Special (NDPS) Case No. 337/2023 arising out of Gauripur P.S. Case No. 257/2023. 17. Accordingly, this bail application of the petitioner, Mohibul Hoque @ Mohibul Ali @ Rahul, son of Rahamat Ali @ Rohmat, in said Special (NDPS) Case No. 337/2023 arising out of Gauripur Police Station Case No. 257/2023 pending before the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri stands rejected. 18. It is observed that this order relates to bail of the accused petitioner, namely, Mohibul Hoque @ Mohibul Ali @ Rahul in said Special (NDPS) Case No. 337/2023 arising out of Gauripur Police Station Case No. 257/2023 and not on merits of the case, where the trial of said Special (NDPS) Case No. 337/2023 is presently pending for adjudication before the Court of learned Special Judge (NDPS)- cum-Additional Sessions Judge, Dhubri. 19. However, it is made clear that the learned Trial Court while adjudicating the said Special (NDPS) Case No. 337/2023 arising out of Gauripur Police Station Case No. 257/2023 shall not be Page No.# 5/5 influenced by any of the observations or findings, made herein above in this bail application and shall try to complete the adjudication of said Special (NDPS) Case No. 337/2023 at the earliest. JUDGE Comparing Assistant