Page No.# 1/2 GAHC010090992024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1325/2024 BILAL AHMED S/O LATE ATAUR RAHMAN R/O SADARASHI P.S. KARIMGANJ DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.02.2025 1. Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. I. U. Choudhury, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public prosecutor for the State of Assam. 2. This is an application under Section 439 of the Code of Criminal Procedure, whereby the petitioner Bilal Ahmed who is facing trial in Special (NDPS) Case No.103/2023 has prayed for releasing him on bail. The petitioner submits that he has Page No.# 2/2 been in judicial custody for 1 year 6 months and 2 days. 3. The petitioner was a driver of a TATA LPT 407 truck bearing registration No. As 10 AC 5416 from the said truck, 47 pouches of Yaba tablets weighing about 940 gms were seized. The first prosecution witness Ratanlal Goala was a seizer witness and he has seen in his evidence that the said 47 pouches were found in extra chamber inside the truck. 4. The petitioners claim that he has no connection with the aforesaid contraband goods. He claims that he simply drove the vehicle as he is a professional driver. 5. In this case 9 numbers of prosecution witnesses are there and out of them till now only 1 has been examined, 8 of them are yet to be examined. 6. The petitioner has already spent more than 1 and ½ years in 7. I have considered the submissions made by learned counsel for both the sides. 8. Mr. Goswami, learned Additional Public Prosecutor has objected to this bail application. 9. Considering the long pendency of the case and also considering the fact that there is little possibility that the case should be disposed of early, the bail application of the petitioner is allowed. 10. The petitioner Bilal Ahmed who is facing trial in respect of Special (NDPS) Case No.103/2023 arising out of Bazaricherra P.S. Case No.166/2023 shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Sribhumi. 11. The bail application stands disposed of. JUDGE Comparing Assistant