Page No.# 1/4 GAHC010178002024 2025:GAU-AS:343 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2616/2024 FAZLUL HOQUE S/O LATE MONSER ALI, R/O HAZARI GAON, WARD NO. 14, P.S.-DHUBRI, DIST- DHUBRI, ASSAM, PIN CODE- VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA,MR H DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 09-01-2025 Heard Ms. T. Som, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Fazlul Hoque, son of late Monser Ali, resident of Hazari Gaon, Ward No.14, P.S.-Dhubri, District-Dhubri has filed this application under Section 483 BNSS, 2023 seeking bail in Special Case No. 447/2024 arising out of Dhubri Police Station Case No.34/2024 registered under Sections 22(c)/29 of the NDPS Act, in which he was a charge- Page No.# 2/4 sheeted accused, wherein he was arrested along with another on 05.02.2024 and is in custody since then. 3. Ms. Som, learned counsel for the petitioner by placing the forwarding report of the concerned Investigating Officer of the case dated 05.02.2024, Annexure-2 to this petition submitted that at the time of arrest of the petitioner on 05.02.2024, the petitioner was 71 years of age and by now he is 72 years. Moreover, the petitioner was found in the house of the main accused Nayan Ch. Nath. Though he is no way connected with the case, but has been falsely implicated in it. Further, the petitioner is suffering from various medical ailments including heart related problems for which, he is undergoing treatment. Ms. Som, therefore, submitted that considering the above, the petitioner should be considered for his bail. It is also submitted that in the event of release of the petitioner on bail, he shall abide by the terms and conditions that may be imposed upon him. 4. Ms. Som, learned counsel for the petitioner also stated that two of the seizure witnesses of the case, in their evidence before the learned Special Judge (NDPS), Dhubri did not implicate the petitioner. 5. Matter relates to recovery of (i) RC-Kuff Plus Cough syrup (Codine Phosphate & Triprolidine Hydrochloride Syrup) total 30 nos, per bottle containing 170 grams, (ii) Pyeevon Spas Plus Capsules, total 240 numbers in 10 strips, weighing 0.65 grms per capsules, (iii) Nitrazepam Tablest IP-10 mg (Nitcor-10), total 140 numbers in 14 strips, weighing 0.53 grms per capsules and (iv) one black colour School Bag (Shaolin) (Tycoon) from the house of one Nayan Ch. Nath, wherein, the petitioner was found along with said Nayan Ch. Nath. 6. Mr. Parashar, learned APP submitted that commercial quantity of NDPS items were recovered from the conscious possession of the petitioner. 7. The FSL report dated 02.05.2024 indicated that the seized NDPS items recovered from the conscious possession of the petitioner gave positive tests for Codeine, Tramadol and Nitrazepam, all are scheduled NDPS items. 8. Perused the records of said Special Case No. 447/2024 arising out of Dhubri Police Station Case No.34/2024 that was called for by the Court by order dated 03.09.2024. 9. As per the FIR dated 05.02.2024, the case is that on 04.02.2024 on receipt of specific Page No.# 3/4 information by the authorities of BN College T Outpost regarding concealment of large quantity of Narcotic substances in the house of Nayan Ch. Nath of Ward No.15 of Dhubri, police personnel from the said Outpost with due authorization conducted a search operation and recovered large number of Narcotic substances from the house of said Nayan Ch. Nath. During such search operation, the petitioner was also found present inside the house of said Nayan Ch. Nath. 10. It is seen that petitioner during investigation could not establish any connection with the other co-accused Nayan Ch. Nath. But it is revealed in the case records that the petitioner along with the other accused are involved in procurement, transportation and sale of such NDPS items, seized from the house of the co-accused Nayan Ch. Nath. 11. It is also seen from the records that after filing of charge-sheet on 23.06.2024 in said Special Case No. 447/2024 arising out of Dhubri Police Station Case No.34/2024, the learned Special Judge (NDPS), Dhubri in said Special Case No. 447/2024 by order dated 08.08.2024 framed charge under Sections 22(c)/29 of the NDPS Act during which the petitioner and the other co-accused pleaded not guilty and claimed to be tried. 12. Case diary reveals that it is the petitioner who used to help the other accused Nayan Ch. Nath to procure such NDPS items and also used to help him in selling such drugs to other people in the locality. As per the records upto 08.10.2024, two of the prosecution witnesses have already been recorded by the concerned Trial Court. 13. The Hon’ble Apex Court in a catena of decisions have held that when the matter relates to serious offences, like rape, murder, dacoity as well as in NDPS Act, once the trial commences and the prosecution starts examining its witnesses, the Court, being the Trial Court or the High Court should be loath in entertaining the bail applications of the accused. 14. Moreover, it is also seen from the records of the case that the petitioner was arrested on 05.02.2024, charge in the case were framed on 08.08.2024 and the trial of the case is progressing and as of October, 2024, two of the prosecution witnesses have already been examined. 15. It is not the case of the petitioner that due to inordinate delay he is in custody and languishing in jail for long as the trial of the case did not progress. Page No.# 4/4 16. Considering the above, this Court is of the view that it is not a fit case to grant bail to the petitioner in said Special Case No. 447/2024 arising out of Dhubri Police Station Case No.34/2024, presently pending before the Court of learned Special Judge (NDPS), Dhubri. 17. Accordingly, this bail application of the petitioner in said Special Case No. 447/2024 arising out of Dhubri Police Station Case No.34/2024 stands rejected. 18. However, It is made clear that the jail authority of District Jail, Dhubri shall provide proper medical facilities to the petitioner and shall medically examine him at regular intervals. JUDGE Comparing Assistant