Page No.# 1/3 GAHC010184212025 2025:GAU-AS:13137 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2707/2025 TARAK BISWAS SON OF JATIN BISWAS RESIDENT OF MANIPUR ROAD P.S. NABADEEP, DIST. NADIA (WB) VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.09.2025 1. Heard Mr. F. Haque, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Tarak Biswas, who has been detained behind the bars since 09.11.2024 (for about more than 10 months), in connection with NDPS Case No. 7/2013, under Sections 22(b)/29 of the NDPS Act, 1985. 3. The learned counsel for the petitioner has submitted that the petitioner has been facing trial in the NDPS Case No. 7/2013, pending before the Court of the learned Special Judge, NDPS, Kamrup under Section 20(b)/(ii)(B)/29 of the NDPS Act, 1985 for possessing 14Kgs of suspected ganja and from the co-accused 8 Kgs of suspected ganja was recovered. 4. The learned counsel for the petitioner has sought for bail on the ground that the petitioner has been languishing behind the bars since more than 10(ten) months and already 8(eight) out of 9(nine) listed prosecution witnesses have been examined. 5. On the other hand, the learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present petitioner and has submitted that it is because of the conduct of the present petitioner, the trial in this case which is of the year 2013 is pending till date. He submits that the petitioner was earlier granted bail. However, he failed to comply with the conditions of the bail and failed to appear before the Trial Court. He also submits that he even indulge in committing similar offence under NDPS Act, 1985 as another NDPS case, i.e. NDPS Case No. 07/2013 was registered against him, in which he was arrested. Page No.# 3/3 6. The learned Additional Public Prosecutor further submits that the trial is nearing its culmination and only 1(one) witness is remaining to be witnessed. He, however, submits that if the bail is granted at this stage, and if the petitioner defaults against there is every likelihood that the NDPS Case No. 07/2013, which is pending for last 12(twelve) years may not be disposed of. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the scanned copy of the records of NDPS Case No. 07/2013. It appears from the record that the conduct of the petitioner after getting bail in this case, on earlier occasions does not inspire confidence that he would abide by the conditions of the bail and would co-operate in the trial. 8. This Court is, therefore, reluctant to grant bail to the petitioner at this stage when the trial of NDPS Case No. 07/2013 is nearing its culmination. 9. For the aforesaid reasons, the prayer for bail is, therefore, rejected. JUDGE Comparing Assistant