Page No.# 1/4 GAHC010185772025 2025:GAU-AS:11398 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2742/2025 GOLAM WAZID BARBHUIYA SON OF AFTAB UDDIN BARBHUIYA RESIDING OF RAMNAGAR PART-4, P.S. SONAI, DIST. CACHAR, ASSAM, PIN-788119 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MS. U NANDA,MS. R DEVI,B KALITA,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 26.08.2025 1. Heard Mr. S.C. Biswas, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by Page No.# 2/4 the petitioner, namely, Sri Golam Wazid Barbhuiya, who has been detained behind the bars since 29.05.2025(for the last 90 days) in connection with NDPS Case No. 68/2025 under Section 21(b) of the NDPS Act, 1985 pending before the Court of the learned Special Judge, Cachar, Silchar. 3. The petitioner is facing a trial before the Court of the learned Special Judge, Cachar, under Section 21(b) of the NDPS Act, 1985, on accusation of possessing 62.06 grams of heroin. 4. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for the last 90 days and there is no embargo in granting bail to the petitioner. He also submits that since the charge sheet has already been laid, there is no necessity of detaining the petitioner behind the bars as he is ready to face the trial. However, mainly on the ground of seriousness of the offence as well as incriminating materials against the petitioner, the prayer for bail of the petitioner was rejected by the learned Special Judge, Cachar, Silchar. 5. The learned counsel for the petitioner has submitted that the petitioner is a permanent resident of Ramnagar Part-4 under Sonai police station, Cachar district and he is ready to co-operate in the trial and therefore, he may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor opposes the grant of bail to the petitioner on the ground that the Trial Court has rightly rejected the prayer for bail considering the seriousness of the offence involved in this case. 7. I have considered the submissions made by the learned counsel for both sides. 8. The quantity of contraband seized in this case is of immediate Page No.# 3/4 quantity, therefore, the embargo of Section 37 of the NDPS Act is not applicable. Moreover, the petitioner has been detained behind the bars for the last 90 days and he is ready to face the trial and co-operate in it. Therefore, this Court is of the considered opinion that his custodial detention may not be necessary for fair completion of the trial, if he co-operates in it. 9. Considering the above facts, 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, Cachar, Silchar with following conditions that:- i. That the petitioner shall cooperate in the trial of NDPS Case No. 68/2025. ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner; iv. That the petitioner shall provide his contact details including photocopies of his Aadhaar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court; v. That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court; and vi. That the petitioner shall not commit any offence while on bail. Page No.# 4/4 10. With the above observation, this bail application is accordingly, disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant