Page No.# 1/3 GAHC010109212025 2025:GAU-AS:7266 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1674/2025 SADDAM HUSSAIN SON OF ABDUL MAZID R/O VILL- POKALAGI, P.O. SUTARPRA, P.S. MATIA DIST. GOALPARA, ASSAM, PIN-783125 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. M ALOM,SAMIM RAHMAN,MR A W AMAN,MR A W AMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2025 Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. D.K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, praying for releasing the petitioner on bail, namely, Saddam Hussain, who was arrested in connection with Matia P.S. Case No. 10/2025. 3. Some tablets strips of Tapdol-100, Tapentadol Hydrochloride tablets were recovered from the possession of the petitioner. 4. Mr. Nawaz, has relied on the judgment of the Hon’ble Supreme Court that was delivered in Kulwant Singh Vs The state of Punjab (Criminal Appeal No. 1558/2025 arising out of @ SLP (Crl.) No. 1031/2025). 5. In this case also Tapentadol Hydrochloride tablets were recovered from the petitioner. Before the Supreme Court, it was pointed out that Tapentadol Hydrochloride is not included in the list of psychotropic substances, specified in the Schedule appended to the NDPS Act. Therefore, the Hon’ble Supreme Court has allowed the prayer for bail. 6. Mr. Das, has pointed out that the Investigating Officer has approached this Court below for extending the period of detention of the petitioner beyond 90 days. 7. Mr. Das, has further submitted that the FSL report is not available to confirm as to whether the Tapentadol Hydrochloride was recovered from the petitioner. 8. I have considered the submissions made by learned counsels of both sides. 9. In the allegation made against the petitioner, it is stated that Tapentadol Hydrochloride tablets were recovered from the possession of the petitioner. Moreover, Tapentadol Hydrochloride is not there in the list of psychotropic substance shown in the Schedule of the NDPS Act. 10. From the Aforesaid reasons, the bail application of the petitioner is allowed. Page No.# 3/3 11. The petitioner Saddam Hussain, who was arrested in connection with Matia P.S. Case No. 10/2025, shall be released on bail of Rs.30,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Goalpara. 12. In the aforesaid directions, this anticipatory bail application is disposed of. JUDGE Comparing Assistant