Page No.# 1/4 GAHC010167982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2497/2025 ANITA PAL D/O- GOPAL DAS. R/O- VILL.-MOREH WARD NO- VII, TUREL WANGMA TENGNOUPAL, P.O- MOREH P.S -MOREH, DIST.- TENGNOUPAL, MANIPUR, PIN -795131. VERSUS UNION OF INDIA REPRESENTED BY THE STANDING COUNCEL NARCOTICS CONTROL BUREAU GUWAHATI ZONAL UNIT, GHY Advocate for the Petitioner : A B T HAQUE, MR Z I CHOUDHURY,MR. B. KUMAR Advocate for the Respondent : SC, NCB, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 26.09.2025 Heard Mr. A.B.T. Haque, learned counsel for the accused and also heard Mr. S.C. Keyal, learned standing counsel appearing for the respondent NCB. 2. This application, under Section 483 of the BNSS is preferred by accused, Anita Pal, who has been languishing in jail hazot since 14.06.2022, in connection Page No.# 2/4 with NCB Guwahati Crime No.17/2022, registered under Section 8(c), read with Section 21(c)/29 of the NDPS Act, for grant of ball. 3. Notably, the aforementioned case has been registered on the basis of a complaint, lodged by one Anil Kushwaha, Intelligence Officer, Narcotics Control Bureau, Guwahati Zonal Unit, Guwahati. 4. The essence of allegation in the said complaint is that acting on a tip off, on 13.06.2022, at about 5:00 p.m., one Prem Narayan Jha, Intelligence Officer, NCB, Guwahati, apprehended Smt. Anita Pal at Platform No.7 of Guwahati Railway Station, while she was de-boarding from Coach No.D-3 of Leedo-Guwahati Intercity Express. Then conducting search, 250-300 gms of heroin, was recovered from her possession and the same was seized in presence of witnesses by preparing the seizure list. 5. The respondent NCB had not filed any objection in this petition. 6. Mr. Haque, the learned counsel for the accused submits that this is the 3rd bail application preferred by the accused and the first and second bail applications were rejected by this Court vide order dated 09.01.2023 in Bail Appln. No.2595/2022 and on 06.06.2024 in Bail Appln. No.383/2024. Mr. Haque further submits that the case is pending at the stage of evidence and till then only one witness has been examined. He further submits that co-accused have already been released on bail. Mr. Haque also submits that the accused is a lady and she has been languishing in jail hazoot since the date of her arrest on 14.06.2022, and that trial is going on in a slow pace and there is no immediate chance of completion of the same. And that as there is considerable delay in trial; the right to speedy trial of the accused, which is a fundament right, stands violated and as such, there is substantial compliance of Section 37 of the NDPS Act, as held by Hon’ble Supreme Court in catena of its decisions. He also assured that in the event of granting bail Page No.# 3/4 she will appear before the court regularly, and under such circumstances, it is contended to allow the application. 7. Per contra, Mr. S.C. Keyal, learned standing counsel for the respondent NCB, submits that till date the prosecution side had examined two witnesses and though there is some delay, the same is not attributable to the prosecution side, as steps to produce the witnesses before the learned Trial Court are being taken regularly. Further contention of Mr. Keyal is that contraband substances, so recovered from the possession of the accused are of commercial quantity and the accused had failed to satisfy the twin requirement of the Section 37 NDPS Act, besides, Mr. Keyal has pointed out that the accused has antecedent of similar activities in past and she is also an accused in FIR No. 32(11) 2018 KPI P.S. under Section 22(c) of the NDPS Act. Under such circumstances, Mr. Keyal has contended to dismiss the petition. 8. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the scanned copy of the record received from the learned Trial Court. 9. It appears from the scanned copy of the record, received from the learned Court below that the accused has been languishing in jail hazoot since 14.06.2022, and till date two witnesses have been examined. It also appears that the contraband substances, so recovered from the possession of the accused, are, indisputably, of commercial quantity. And as such, she has to satisfy the requirement of Section 37 of the NDPS Act. But, from the materials placed on record and also from the submission of Mr. Haque, the learned counsel for the accused, this Court is unable to derive satisfaction that the accused is not guilty of the offence and that she will not commit any offence while on bail. 10. Though Mr. Haque submits that there is considerable delay in trial, and as Page No.# 4/4 such, there is substantial compliance of Section 37 of the NDPS Act, in view of the decisions of Hon'ble Supreme Court, yet the accused herein this case has criminal antecedent and she is an accused in the FIR No.32(11) 2018 KPI P.S. under Section 22(c) of the NDPS Act. Therefore, the case of the present accused stands on a different footing. 11. Thus, the twin requirement of Section 37 of the NDPS Act could not be satisfied with. And on such count, bail cannot be granted to the accused, who is involved in commercial quantity of contraband substances. Reference in this context can also be made to a decision of Hon'ble Supreme Court in the case of Union of India v. Ajay Kumar Singh Pappu, Criminal Appeal No.952 of 2023 [Arising out of SLP (Crl.) No.2351 of 2023. 12. It is well settled that right to speedy trial is a fundamental right as guaranteed by Article 21 of the Constitution of India. But, having gone through the record of the learned Trial Court, this Court is of the view that the delay, that occasioned in this case, cannot be attributed to the prosecution side. 13. Under the given facts and circumstances, this Court is of the view that this is not a fit case where the privilege of bail can be granted to the accused. Accordingly, the petition stands dismissed. 14. However the learned Court below is directed to make an endeavour to expedite the trial and to conclude the same as early as practicable. JUDGE Comparing Assistant