Page No.# 1/4 GAHC010148852025 2025:GAU-AS:9891 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2229/2025 MD. ISLAM ALI. S/O- LATE ROJ ALI. R/O- GARCHUK, KOTABARI, P.S.- GARCHUK, DIST.- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTEDE BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, MR A BASUMATARY,MR G P CHETIA,IMDADUL ISLAM,M RAHMAN,MR N J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA JUDGMENT 31.07.2025 1. Heard Mr. N. Ahmed, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Page No.# 2/4 Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Md. Islam Ali, who has been detained behind the bars since 13.06.2025 (for the last 48 days), in connection with Bihpuria P.S. Case No. 124/2025, under Sections 21(b)/29 of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 14.06.2025, one Juga Kanta Gogoi had lodged an FIR before the Officer-in-Charge of Bihpuria Police Station inter-alia, alleging that during the course of regular naka checking at Bihpuria Traffic Point, the petitioner was found in possession of 30.65 grams of suspected heroin, including the containers which were kept in the vehicle in which he was travelling. 4. The learned counsel for the petitioner has submitted that the petitioner is a driver and the vehicle was hired by some other persons, who fled away at the naka checking point and the bag from which the contraband was recovered belonged to the said accused persons. He submits that the petitioner has been detained behind the bars for the last 48 days and considering the period of detention may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Bihpuria P.S. Case No. 124/2025, and has submitted that though the investigation has fairly progressed, however, co-accused persons who were implicated by the petitioner in his statement are yet to be apprehended. 6. He also submits that the FSL report has also not yet been received. Page No.# 3/4 7. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary produced by the learned Additional Public Prosecutor. 8. Considering the progress of the investigation and the period of detention undergone by the petitioner, this Court is of the opinion that if the petitioner co-operates in the investigation, his further custody detention may not be necessary for fair completion of the investigation of the aforesaid case. 9. According, the above-named petitioner is allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand only) with a suitable surety of like amount subject to the satisfaction of the learned Special Judge, Lakhimpur, North Lakhimpur with the following conditions:- (a) that the petitioner shall appear before the Trial Court as and when so required by the Trial Court and shall co-operate in the trial; (b) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from deposing against the petitioner in the ensuing trial before the Trial Court. (c) that the Trial Court may impose any additional condition for bail during trial if it deems fit to do so, to procure regular attendance of the petitioner during trial. 10. With the above observations, this bail application is hereby disposed of. 11. Return the Case Diary. Page No.# 4/4 JUDGE Comparing Assistant