Page No.# 1/5 GAHC010193392025 2025:GAU-AS:13305 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2897/2025 JOYNAL ALI S/o- HAIDAR ALI, R/O CHOURAGURI, PIPELINE, P.O. AND P.S.- MANIKPUR, PIN - 783392, BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M R SODIAL, MS B H SHIRIN,MS S Z HAYAT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.09.2025 1. Heard Mr. M.R. Sodial, learned counsel for the petitioner. Also Page No.# 2/5 heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Joynal Ali, who has been detained behind the bars since 26.05.2025 (for last 121 days) in connection with NDPS Case No. 63/2025, arising out of Dholai PS Case No.77/2025 registered under Sections 21(b)/25/29 of NDPS Act, 1985. 3. The learned counsel for the petitioner has submitted that the petitioner is facing trial before the Court of learned Special Judge, Cachar or with an accusation of possessing 165 gm of suspected heroin. 4. The learned counsel for the petitioner has submitted that the petitioner is the driver of the Alto vehicle from where the aforementioned contraband was seized. He further submits that on the way from Aizawl to Guwahati, two persons took lift in the said vehicle and who after some time got down from the vehicle after getting some phone call. He submits that the contrabands seized in this case does not belong to him and it was of the persons to whom he gave the lift on the fateful day. 5. The learned counsel for the petitioner further submits that the petitioner is a permanent resident of Bongaigaon under Page No.# 3/5 Manikpur Police Station and is ready to face and co-operate in the trial. He therefore, prays for allowing the petitioner to go on bail. 6. On the other hand, the learned Additional Public Prosecutor for the State opposed the grant of bail to the petitioner on the ground that though the quantity of contraband seized in this case falls within the category of intermediate quantity, it cannot be regarded as less quantity as 165 gms of suspected heroin was seized from the seized vehicle. 7. He also submits that the seizure was made from the secret chambers made behind the seat of the driver of the vehicle. 8. I have considered the submissions of learned counsel made by both sides. 9. Since this is a case involving offence relating to intermediate quantity of contraband and hence embargo of Section 37 of the NDPS Act is not applicable. The trial is also at a very early stage and even the charges are not yet framed. Moreover, considering the fact that the petitioner hails from Bongaigaon, if he co-operates in the trial, this Court is of the considered opinion that his custodial detention may not be necessary for fair completion of the trial of NDPS Case No. 63/2025. 10. In view of the above, the above-named petitioner, is allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand only) with one Page No.# 4/5 surety of like amount subject to the satisfaction of the Court of learned Special Judge, Cachar with the following conditions - i) That the petitioner shall cooperate in the trial of NDPS Case No. 63/2025, which is pending in the Court of learned Special Judge, Cachar. 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 Aadhar 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 Page No.# 5/5 is granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court; vi) That the petitioner shall not commit any offence while on bail; vii) That any violation of the above conditions shall be a good ground for the Trial Court to get the petitioner arrested and commit him to custody. 11. With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant