Page No.# 1/4 GAHC010170092024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2510/2024 SAYED SHAHJADA HUSSAIN @ BABU S/O LATE MUZZAFAR HUSSAIN, R/O WARD NO. 07, OLD DTO OFFICE, P.O. AND P.S AND DIST- DHUBRI, ASSAM. PERMANENT ADDRESS- COLLEGE NAGAR, P.S.-MANKACHAR, DIST-SOUTH SALMARA MANKACHAR (ASSAM), PIN-783131 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A V SINGH, MR P TALUKDAR,MR R CHETRY,MR W R MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 20.01.2025 Heard Mr. W.R. Medhi, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. By this bail application filed under section 483 of the Bharatiya Page No.# 2/4 Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Sayed Shahjada Hussain @ Babu, has prayed for bail in connection with Mankachar P.S. Case No. 152/2023 under Section 21(C) of NDPS Act. 3. Based on the facts provided, the brief description of the case is that on 26th March, 2023, at approximately 9:30 p.m., the informant, while on patrolling duty, observed a white-colored container vehicle coming from the Meghalaya side. On suspicion, the informant signaled for the vehicle to stop. However, the driver ignored the signal and fled away from the scene. After a thorough search, the vehicle was traced later on the same day at around 9:00 p.m., near a petrol pump. Upon inspecting the vehicle, police found it carrying boxes of medicine. During search, they discovered prohibited psychotropic substances concealed in the footboard carpet of the vehicle. Specifically, 6 strips of SPSPHEN+ capsules (144 capsules, weighing 112.18 grams) and 6 strips of SPASCORE VON Plus capsules (144 capsules, weighing approximately 103.88 grams) were found. The total quantity of the drugs was 288 capsules, weighing 216.06 grams. Subsequently, a case was registered vide Mankachar Police Station Case No. 152/2023, under Section 22(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. This outlines the key facts leading to the registration of the case under the NDPS Act, specifically concerning the illegal possession and transportation of psychotropic substances. 4. It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in this case despite having all the necessary and valid documents for the possession and distribution of the drugs including a valid drug licence and GST invoice. It is further submitted that the petitioner has been languishing in judicial custody since 17.07.2024. Page No.# 3/4 5. The learned counsel for the petitioner also submitted that the main accused along with some other co-accused in this case has already been granted bail by this Court. It is further submitted that nothing was recovered from the conscious possession of the petitioner. Considering the background of the case as well as the length of detention, the petitioner may be enlarged on bail. 6. In response, Mr. Kaushik, learned Additional Public Prosecutor for the State submits that there are two seizure lists available in the case record. One seizure list reveals that the Investigating Officer seized the narcotic substance on 12.04.2023, but it is not reflected from whom the said narcotic substances were recovered. Another seizure list dated 28.03.2023 is also available from which it reveals that some contraband/prohibited psychotropic substances were recovered from an abandoned Bolero Vehicle. The learned Additional Public Prosecutor further submits that although the charge sheet has been submitted, but the charge has not yet been framed. As such, he has prayed that bail may not be considered to the petitioner at this stage. 7. I have considered the submissions made by the learned counsel for the parties. I have also perused the scanned copy of trial court record. 8. Having heard the learned counsel for the parties and on perusal of the trial court record, the admitted fact is that no contraband item was recovered from the possession of the accused/petitioner. The name of the petitioner has come out as the alleged contraband supposed to deliver to the present petitioner. There is also no material available in the case diary or the record that the petitioner had knowledge about the illegal nature of the contraband items seized in connection with this case. Page No.# 4/4 9. Testing at the instant application from the above perspective, it requires to be recapitulated that the rigor of Section 37 of the NDPS Act does not apply to the instant case. 10. Considering the above as well as the length of detention of the accused/petitioner in custody, this Court is inclined to grant bail to the petitioner. 11. Accordingly, the accused petitioner, named above, shall be released on bail in connection with the aforementioned P.S. Case on furnishing a bail bond of Rs. 1,00,000/- (Rupees One Lakh) only with two suitable sureties of the like amount, to the satisfaction of the learned Special Judge, South Salmara Mankachar, subject to the following conditions that the accused petitioner: (a) shall not leave the territorial jurisdiction of Special Judge, South Salmara Mankachar, without prior written permission from him; and (b) 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 him from disclosing such facts to the Court or to any police officer. 12. The bail application, accordingly, stands disposed of. JUDGE Comparing Assistant