Page No.# 1/3 GAHC010100082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1577/2025 MD. SAMSUL HOQUE AND ANR S/O- LATE ABDUL KADER AHMED. R/O- VILL.- PADMABIL. P.O. AND P.S.- GOSSAIGAON. DIST.- KOKRAJHAR,(BTR), ASSAM 2: MD HASEN ALI S/O- MD. AKBAR ALI. R/O- VILL.- BABUBIL. P.O. AND P.S.- GOSSAIGAON. DIST.- KOKRAJHAR BTR(ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 19.05.2025 Page No.# 2/3 1. Heard learned counsel Mr. K. Boruah for the petitioners namely, (i) Md. Samsul Hoque, and (ii) Md. Hasen Ali. 2. The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 05.05.2025 in connection with Gossaigaon Police Station Case No. 58/2025 under Sections 21(a)/29 of the NDPS Act. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State. 4. The petitioners have prayed for bail stating that they will co-operate with the remaining part of the investigation and will not jump the bail, if they are released on bail. 5. Learned Additional Public Prosecutor has raised objection stating that 2.47 gms of heroin was found from the conscious possession of the petitioners. It is further submitted that Section 37 of the NDPS Act clearly denotes that all the offences under the NDPS Act are non-bailable and cognizable. 6. I have considered the submissions at the Bar with circumspection. 7. I have considered the submission that the petitioners are willing to co- operate with the remaining part of the investigation. The petitioners were apprehended while they were found in possession of small quantity of heroin. The petitioners are local residents and they are not flight risks. 8. In view of my foregoing discussions, it appears that bail may be granted to the petitioners. The petitioners are enlarged on bail of Rs. 50,000/- each with a suitable surety of like amount to the satisfaction of the Special Judge, Kokrajhar under the conditions that: Page No.# 3/3 (i) The petitioners shall co-operate with the remaining part of investigation, (ii) The petitioners shall not exercise threats to the witnesses, and (iii) The petitioners shall not leave the jurisdiction of the Court without prior permission till completion of trial. 9. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioners. 10. In terms of the above observation, Bail Application stands disposed of. JUDGE Comparing Assistant