Page No.# 1/3 GAHC010195782025 2025:GAU-AS:13527 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2843/2025 PUNJAB SINGH SON OF RATAN SINGH R/O KAMASPUR, SAMANA DIST. PATIALA, PUNJAB-147101. VERSUS NARCOTICS CONTROL BUREAU TO BE REPRESENTED BY THE STANDING COUNCIL, NCB, GUWAHATI. Advocate for the Petitioner : MR H R A CHOUDHURY, S NAZNIN,MR. I U CHOWDHURY Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 26.09.2025 Heard Ms. S. Naznin learned counsel for the accused-applicant. Also heard Mr. S.C. Keyal, learned Standing Counsel, NCB. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting of bail to the accused-applicant who is in custody since 07.02.2020 in connection with NDPS Case no. 45/2020 pending before the learned Additional Sessions Page No.# 2/3 Judge (FTC) No. 5, Kamrup (Metro), Guwahati (‘the Trial Court’, for short) arising out of NCB Crime No. 05/2020 under Section 20 (b) (ii) (C) / 29 of the NDPS Act, 1985. 3. The accused-applicant was arrested on interception of the truck that the accused- applicant was driving bearing Registration no. PB35Q2286 with a huge quantity of Ganja. It was also stated in the FIR that the consignment had been taken to Bihar from Tripura. Since his arrest, the accused-applicant is inside the jail for more than 5 (five) years. 4. It is submitted by the learned counsel for the accused-applicant that the applicant has already completed more than 5 (five) years in the Judicial Custody. She has further submitted by relying on a Judgment of the Hon’ble Apex Court in “Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India and others, reported in (1994) 6 SCC 731,” wherein, in Paragraph 15 (iii), it is stated as follows :- ‘15. (iii) Where the undertrial accused is charged with an offence(s) under the Act punishable with minimum imprisonment of ten years and a minimum fine of Rupees one lakh, such an undertrial shall be released on bail if he has been in jail for not less than five years provided he furnishes bail in the sum of Rupees one lakh with two sureties for like amount.’ 5. On the other hand, the learned Standing Counsel, NCB has submitted that this case relates to transportation of huge quantities of narcotics and the accused-applicant was caught red-handed while the aforesaid Ganja was being transported to Bihar from Tripura via Assam. He has submitted that the crime is of very serious nature and trial is going on in the right direction, therefore, he has submitted that the prayer for bail may not be granted. To strengthen his argument, Mr. Keyal has relied on the case of “State of Karnataka vs. Sri Darshan, reported in (2025) 0 Supreme (SC) 1201”, wherein, the Hon’ble Apex Court has held that bail application should not be granted on the sole ground of delay in conclusion of the trial without taking into consideration the allegation made by the prosecution in regard to the existence of prima facie case, gravity of offence and the allegation of tempering with the witness by threat and inducement when on bail. He has further submitted by relying on the case of “Narcotics Control Bureau vs. Kashif, reported in (2024) SCC Online SC 3848”, that Page No.# 3/3 while considering a bail application the Court must bear in mind the provisions of Section 37 of the NDPS Act which are mandatory in nature. He has further submitted that recording or findings as mandated in Section 37 of the NDPS Act is a sine qua non for granting bail to the accused involved in offences under NDPS Act. 6. Heard the Counsels representing the parties. This Court while in agreement with the cases cited by the learned Standing Counsel, NCB is also of the view that in consideration of the guideline set out by the Hon’ble Supreme Court in the case of Supreme Court Legal Aid Committee (supra), since the accused-applicant has already spent more than 5 (five) years and out of the ten accused persons, statements of five of them have already been recorded before the learned Trial Court, further custodial interrogation of the accused-applicant is not necessary in the interest of investigation of the case. Considering the fact that the accused- applicant was arrested on 07.02.2020 and he has already spent more than five years and seven months inside the jail, this Court is of the considered opinion that this is a fit case wherein the accused-applicant should be released on bail. 7. Accordingly, the accused-applicant namely, Sri Punjab Singh, son of Ratan Singh shall be released on bail of Rs. 1,00,000/- (rupees one lakh) with two suitable sureties of like amount, of which one surety shall be from a Government Servant, to the satisfaction of the learned Additional Sessions Judge (FTC) No. 5, Kamrup (Metro), Guwahati. This is further directed that the bail is subject to the following condition :- The accused-applicant shall not leave the territorial jurisdiction of the learned Trial Court without prior written permission from the Trial Court till the disposal of the case. 8. In view of the aforesaid, this instant bail application is disposed of as allowed. JUDGE Comparing Assistant