Page No.# 1/7 GAHC010175912025 2025:GAU-AS:10377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1994/2025 GOVIND SAH ALIAS GOVIND SHAH S/O MITHILESH PRASAD SHAH R/O VILL- MATHA P.S. THANA LADANITY TEH-MADHUBANI DIST. MADHUBANI BIHAR-847232. VERSUS UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL NCB. ------------ Advocate for : MR J K Bhuyan Advocate for : SC NCB appearing for UNION OF INDIA Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.08.2025 1. Heard Mr. J.K. Bhuyan, the learned counsel for the petitioner. Also heard Mr. M. Deka, the learned counsel appearing on behalf of the NCB. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Govind Sah @ Govind Shah, who has been detained behind the bars since 07.04.2021 (for more than 04 years 03 months), in connection with NDPS Case No. 48/2020 arising out of NCB Crime No. 06/2020 under Sections 20(b)(ii)(c)/29 of the NDPS Act, 1985 pending in the Court of learned Additional District & Sessions Judge, No. 2, Kamrup (M), Guwahati. 3. The gist of accusation in this case is that one Kaushik Sarkar, Intelligence Officer, Guwahati Zonal Unit, Narcotic Control Bureau, Guwahati, had lodged a complaint before the Sessions Judge, Kamrup (M), Guwahati, against 4(four) numbers of accused persons, including the present petitioner, inter alia, alleging that on 10.02.2020 an information was received by one Manish Modi, Intelligence Officer, NCB, through reliable sources that one Sreebash Das would be carrying huge quantity of ganja in a truck bearing Registration No. WB 65C 2669. 4. On receipt of the said information, a search team was constituted and on 10.02.2020, at about 1830 hours, one truck bearing Page No.# 3/7 Registration No. WB 65C 2669 was intercepted near PB Motors, Nalapara, Guwahati. The driver was asked to get down from the vehicle, who introduced himself as Sreebash Das. 5. Thereafter, search was conducted in the said truck and 35 packets of suspected ganja was recovered from the said truck. On weighing, the weight of the said ganja was found to be 359.500 kgs. 6. During interrogation of said Sreebash Das disclosed the name of the present petitioner. 7. The learned counsel for the petitioner also submits that petitioner was not found in the conscious possession of the ganja which has been seized in this case. 8. He submits that the petitioner has been arrested in this case only on the basis of the statement recorded by the co-accused persons. 9. He also submits that in view of the ruling of the Apex Court in the case of “Tofan Singh Vs. State of Tamil Nadu” reported in “(2021) 4 SCC 1”, the statement of co-accused recorded under Section 67 of the NDPS Act, 1985 is inadmissible as evidence in a trial involving offence under NDPS Act, 1985. 10. He further submits that though the petitioner has been detained behind the bars for more than 04 years 03 months, till date only 3(three) out of 10(ten) listed persecution witnesses have been detained, and there is unlikelihood of trial getting culminated at the earliest. 11. He also submits that 2(two) co-accused have already been Page No.# 4/7 granted bail by this Court on the ground of prolonged incarceration. 12. I have considered the submissions made by the learned counsel for both sides and have gone through the scanned copy of the records of Special NDPS Case No. 48/2020. 13. On perusal of the records of this case, it appears that the petitioner was not found at the spot when the seized contraband was recovered from the vehicle in this case. 14. He has been implicated later on, on the basis of the statement made by the co-accused. Though, it appears that there are 4(four) other cases pending against the petitioner involving offences under the NDPS Act, 1985, however, the same may not be a ground for prolong incarceration in this case. 15. The Supreme Court of India in “Mohd Muslim @ Hussain Vs. State (NCT of Delhi)” reported in “2023 SCC Online SC 352” has observed that “Grant of bail on ground of undue delay in trial, cannot be said to be fettered by section 37 of the NDPS Act, 1985”. 16. Similarly, the Apex Court of India has also observed in “Rabi Prakash Vs. State of Orissa” reported in “2023 SCC OnLine SC 1109” wherein, it observed that “prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution of India and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act, 1985.” Page No.# 5/7 17. This Court is also of the considered opinion that while considering an application for bail involving commercial quantity of contraband, if the court comes to a finding that there has been undue delay in completion of the trial and that there has been prolonged incarceration of the petitioner during this time, he would be entitled to get bail in such case of prolonged incarceration as the fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India would outweigh the fetters imposed under Section 37 of the NDPS Act, 1985. 18. It is also pertinent to mention herein that the Supreme Court of India had granted bail to the accused facing charges for possession of commercial quantity of contraband only on the ground of prolonged incarceration in “Shariful Islam @ Sarif Vs. State of West Bengal” (order dated 04.08.2022 in SLP Criminal No. 4173/2022), wherein the accused was detained behind the bars for one year and six months. 19. In “Nitesh Adhikari @ Bapan Vs. State of West Bengal” (Order dated 01.08.2022 in SLP Criminal No. 5769/2022) the Apex Court granted bail to the accused facing accusation under Section 21(c) of the NDPS Act, 1985 on the ground of incarceration of one year seven months. 20. In the instant case also, the petitioner has been detained behind the bars for more than 04 years 03 months and only 3(three) witnesses have been examined by the prosecution side till date. There seems to be no fault on the part of present petitioner which has caused the delay in trial as he has been detained behind the bars since the date of his arrest. 21. In view of above, the above-named petitioner is hereby directed Page No.# 6/7 to be released on bail on furnishing a bond of Rs. 2,00,000/- (Rupees Two Lakhs) with two suitable sureties, one of whom should be a government employee and should be resident of the State of Assam, of like amount to the satisfaction of the Trial Court with following conditions: - i. That the petitioner shall cooperate in the trial of NDPS Case No. 48/2020, which is pending in the Court of learned Additional District & Sessions Judge, No. 2, Kamrup (M), Guwahati. ii. That the petitioner shall regularly appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; iv. That the petitioner shall provide their contact details including photocopies of his Aadhaar Card, Driving License or PAN card, mobile number and other contact details before the Trial Court; v. That the petitioner shall not leave the jurisdiction of the learned Trial Court without prior permission of the Trial Court and when such leave is Page No.# 7/7 granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court. 22. With the above observations, this bail application is hereby disposed of. JUDGE Comparing Assistant