Page No.# 1/4 GAHC010199622023 2025:GAU-AS:6832 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3144/2023 SAFIK MIAH AND ANR ADHAR NO. 5793 6979 4758 S/O SOURAB HOSSEN R/O TINE GHARIYA, I.C.D.S. CENTRE, NORTH MAHARANI P.S. SOUTH TRIPURA, DIST. SOUTH TRIPURA, TRIPURA-799116. 2: RAMNATH GOWALA S/O PADARATH GOWALA R/O UTTAR MAHARANI HIRAPUR P.S. SOUTH TRIPURA DIST. SOUTH TRIPURA TRIPURA-799116 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N J GOGOI, MR. A AHMED,MR. M A CHOUDHURY,M.A. BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-05-2025 Heard learned counsel Mr. M.A. Choudhury for the petitioners No. 1 Safik Miah and 2. Ramnath Gowala, who have filed this application under Section 439 of Code of Criminal Procedure with prayer for bail as they are behind bars since 03.01.2023 in connection Special NDPS Case No. 29/2023 arising out of Karimganj Police Station Case No. 233/2023 under Sections 21(c)/22(c)/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (corresponding to GR No. 725/2023). 2. Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam, who has raised objection stating that the petitioners have been charge-sheeted in a serious offence of transporting 2.83 kgs of Heroin and they are not entitled to bail despite the fact that they have been behind bars for 2 years 2 months 25 days. In such a case, prolonged incarceration cannot be a ground for bail. 3. The petitioners have prayed for bail on the ground of parity as similarly situated accused Ubaid Ullah has been enlarged on bail vide order dated 04.02.2025 in connection with Bail Application No. 3788/2024. 4. The petitioners have relied on the decision of the Hon'ble Supreme Court in Tofan Singh Vs The State of Tamil Nadu reported in (2021) 4 SCC 1, wherein it has been observed that a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act. Page No.# 3/4 5. The petitioners have also relied on the decision of the Hon'ble Supreme Court in Dhirendra Kr. Choudhury Vs. The State of Assam in Criminal Appeal No. 3379/2024, corresponding (SLP CRL. No. 5068/2024), wherein the appellant Dhirendra Kr. Choudhury was granted bail as he was under incarceration for 17 months and trial did not commence. It is submitted that the present petitioners are on the same footing. 6. I have considered the submissions at the Bar with circumspection. It is true that the petitioners have been behind bars for more than 2 years 2 months 25 days and they have been alleged of transportation of Heroin along with Yaba tablets hidden inside the secret chamber in the fuel tank of the truck bearing registration No. TR 02D-1691. The scanned copies of the Trial Court Records reveal that the accused Madhab Sarkar is evading appearance and this has prevented the Court from framing of charges. Trial is yet to commence and charges are yet to be framed. 7. It appears that possibility of conclusion of trial appears to be remote as there are 16 enlisted witnesses and charges have not been framed yet. 8. Considering the peculiar facts and circumstances of this case, bail may be granted to the petitioners. The petitioners are hereby enlarged on bail of Rs. 1 Lac each with two suitable sureties of like amount to the satisfaction of the learned Trial Court under the conditions that:- (i) The petitioners shall co-operate with the trial, (ii) The petitioners shall not jump the bail, Page No.# 4/4 (iii) The petitioners shall refrain from such activities with which they are alleged and, (iv) The petitioners shall not leave the jurisdiction of the Court without prior permission, till conclusion of trial. 9. On breach of any of the bail conditions, the learned Trial Court is at liberty to immediately cancel the bail granted to the petitioners. 10. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant