Page No.# 1/4 GAHC010140612025 2025:GAU-AS:9703 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2120/2025 PANDAB KUMAR JAMATIA AND ANR S/O- LATE BASITRA JAMATIA, R/O- 3 NO COLONY CHELAGANG MUKH, AMARPUR, GOMATI, P.S AND DIST- AMARPUR, TRIPURA 2: BUDHA SADHAN JAMATIA S/O- LATE MANAPADA JAMATIA R/O- TAIDU AMARPUR OMPI GOMATI. P.S-TAIDU DIST- AMARPUR TRIPUR VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M BISWAS, A BHARADWAJ,MS. A K CHOPHI,A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 29.07.2025 Heard Mr. M. Biswas, the learned counsel appearing for the petitioners. Also heard Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioners Pandab Kumar Jamatia and Budha Sadhan Jamatia have prayed for releasing them on bail as they are facing trial in NDPS Case No.84/2023 arising out of Basistha P.S. Case No.38/2023 pending in the court of learned Sessions Judge, Kamrup (M), Guwahati. 3. There are 7(seven) prosecution witnesses in the case before the trial court. Six of them are already examined and discharged after cross-examination. The examination- in-chief of the seventh prosecution witness is already over and he is yet to be cross- examined. 4. The petitioners have submitted that they have been in custody for a long period of time and they should be released on bail considering their long detention. 5. Mr. Biswas has relied upon the judgment of the Supreme Court that was delivered in Rabi Prakash v. State of Orissa, reported in 2023 Live Law (SC) 533. In this case, the Supreme Court has held that in case of prolonged incarceration, conditional liberty will override the statutory embargo under Section 37 of the NDPS Act. The Court further held that prolonged incarceration is against fundamental right guaranteed under Article 21 of the Constitution of India. Page No.# 3/4 6. Mr. Biswas further relied upon another judgment of the Supreme Court that was delivered in Shariful Islam @ Sarif v. State of West Bengal [petition for special leave to appeal (Crl.) No.4173 of 2022]. In this case, the petitioner was in custody for 1 year and 6 months and there was no likelihood of completion of trial in near future. Therefore, the Supreme Court allowed the petitioner to go on bail. 7. Mr. Biswas further relied upon judgment of the Supreme Court that was delivered in Md. Salman Hanif Sk. v. State of Gujarat [petition for special leave to appeal (Crl.) No.5530/2022]. In this case, commercial quantity of narcotic drugs were recovered from the petitioner. Since the petitioner has already spent 2 years in custody and conclusion of trial would take some time, the petitioner was released on bail. 8. Mr. Baishya has objected to this bail application and relied upon a judgment of the Hon’ble Supreme Court that was delivered in Union of India & Anr. v. Rajesh Ranjan @ Pappu Yadav, reported in (2004) 7 SCC 529. 9. I have given my anxious considerations to the submissions made by the learned counsel of both sides. 10. According to the petitioners, after completion of hearing of prosecution evidence, they will examine defence witnesses and it will take unlimited time though they have already spent more than 2 years in judicial custody. 11. The long incarceration of the petitioners in judicial custody will definitely override the statutory embargo under Section 37 of the NDPS Act. Prolonged incarceration will be against fundamental rights guaranteed under the Constitution of India. 12. For the aforesaid reasons, the bail application of the petitioners is allowed subject to the condition that their bail bonds shall be accepted after completion of cross-examination of the seventh prosecution witness. 13. After completion of cross-examination of the seventh prosecution witness, the petitioners, namely- Pandab Kumar Jamatia and Budha Sadhan Jamatia shall be Page No.# 4/4 released on bail of ₹50,000/- each with sureties of like amount to the satisfaction of the learned Sessions Judge, Kamrup (M), Guwahati. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant