Page No.# 1/5 GAHC010147202024 2025:GAU-AS:4770 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2147/2024 JAVED AHMED LONE S/O WAZIR LONE, RESIDENT OF KALAROOSE, PS KALAROOSE, DIST KUPWARA, JAMMU AND KASHMIR, 193222 VERSUS THE UNION OF INDIA REP. BY SC, NCB, GAUHATI HIGH COURT Advocate for the Petitioner : MD A ISLAM, MS N KHATUN,MRS J DUTTA,MR. A K AHMED Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 21.04.2025 1. Heard learned Counsel Mr. R.Mazumdar assisted by Ms.N.Khatun, learned counsel for the petitioner Javed Ahmed Lone who has filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as he is behind bars since 09.04.2021 in connection with NCB Crime No. 09/2021 under Sections 20(b)(ii)(C)/29 of the NDPS Act. Page No.# 2/5 2. Mr.S.C.Keyal, learned Standing Counsel assisted by Ms.M.Deka, learned counsel are present for the respondent NCB. 3. The allegation against the petitioner is that he was found in a truck containing 411.039 kgs of ganja along with co-accused named in the FIR. 4. It is submitted on behalf of the petitioner that the petitioner is not involved with this case and he was not in conscious possession of the aforementioned ganja. It is further submitted that the petitioner has been behind the bars for 4 years and 11 days and out of 9 enlisted witnesses only two witnesses have been examined so far and there is no possibility of culmination of trial early and as such, petitioner’s personal right to liberty has been curtailed. It is also submitted that no earlier antecedents could also be brought up against the petitioner. 5. It is submitted on behalf of the NCB that this Court has rejected earlier the bail prayer of co-accused vide order dated 21.02.2025 passed in Bail Application No.2916/2024. It is also submitted on behalf of the NCB that the Hon’ble Supreme Court in the case of Narcotics Control Bureau-vs- Kashif reported in 2024 SCC Online 3848, wherein it has been held that: “39. The upshot of the above discussion may be summarized as under: (i) The provisions of NDPS Act are required to be interpreted keeping in mind the scheme, object and purpose of the Act; as also the impact on the society as a whole. It has to be interpreted literally and not liberally, which may ultimately frustrate the object, purpose and Preamble of the Act. (ii) While considering the application for bail, the Court must bear in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature. Recording of findings as mandated in Section 37 is sine qua non is known for granting bail to the accused involved in the offences under the NDPS Act. Page No.# 3/5 (iii) The purpose of insertion of Section 52A laying down the procedure for disposal of seized Narcotic Drugs and Psychotropic Substances, was to ensure the early disposal of the seized contraband drugs and substances. It was inserted in 1989 as one of the measures to implement and to give effect to the International Conventions on the Narcotic drugs and psychotropic substances. (iv) Sub-section (2) of Section 52A lays down the procedure as contemplated in sub-section (1) thereof, and any lapse or delayed compliance thereof would be merely a procedural irregularity which would neither entitle the accused to be released on bail nor would vitiate the trial on that ground alone. (v) Any procedural irregularity or illegality found to have been committed in conducting the search and seizure during the course of investigation or thereafter, would by itself not make the entire evidence collected during the course of investigation, inadmissible. The Court would have to consider all the circumstances and find out whether any serious prejudice has been caused to the accused. (vi) Any lapse or delay in compliance of Section 52A by itself would neither vitiate the trial nor would entitle primary evidence collected during the course of investigation, as also the statutory presumption permissible under Section 54 of the NDPS Act.” 6. Objection has been filed on behalf of the NCB that contraband was recovered from the conscious possession of the petitioner. It is further submitted that the ratio of the decision of the Hon’ble Supreme Court in the Case of Rabi Prakash –vs- State of Odisha reported in 2023 SCC Online SC 1109 is not relevant to the case as nothing was recovered from the possession of the appellant Rabi Prakash. 7. The petitioner has admitted of transporting drugs for consumption. It is further submitted that the petitioner and the co-accused have engaged their Advocate only on 16.08.2022 and charges were recently framed on 11.01.2024 . Page No.# 4/5 It is submitted that trial is progressing at a regular pace and there is no infringement of right to personal liberty. On 29.03.2025, the third witness has appeared but he was partly examined and the remaining part of his evidence is deferred to be recorded on a later date. 8. I have considered the submissions at the Bar with circumspection. 9. It is true that the petitioner has been behind the bars from 09.04.2021. 10. I have also relied on the decision of the Hon’ble Supreme Court in the case of Rabi Prakash (supra) wherein the appellant Rabi Prakash was granted bail as he was behind the Bars for more than 3 ½ years and one out of 19 witnesses have been examined. This case is similar to the case of Rabi Prakash. As the petitioner is behind the bars for 4 years and only three out of nine witnesses have been examined, there is indeed procrastination of the trial by the State as well as by the Court. The petitioner has also not taken the plea that the trial is vitiated under Section 52 A of the NDPS Act. On the double pronged conditions of Section 37 of NDPS Act, the NCB has placed objection. The petitioner has prayed for bail on the ground of length of detention. It appears that bail may be granted to the petitioner, considering the procrastination of trial. 11. Considering all aspects, the prayer for bail is allowed . 12. The petitioner named above shall be released on bail on furnishing bail bond of Rs.1,00,000/- ( Rupees One lac) with two suitable sureties of like amount to the satisfaction of the learned trial court subject to the following conditions: Page No.# 5/5 i) The petitioner shall co-operate with the remaining part of the trial, ii) The petitioner shall not leave the jurisdiction of the Court till completion of the trial. 13. On breach of any of the above conditions, learned trial court is at liberty to immediately cancel bail granted to the petitioner. 14. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant