Page No.# 1/3 GAHC010216522023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3455/2023 FILTER KALITA SON OF SRI SAMUAL KALITA, RESIDENT OF NATUN BASTI DEOPANI, PS BORPATHAR, DISTRICT- KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. L ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.02.2025 1) Heard Mr. Y. S. Mannan, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2) This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Filter Kalita, who is Page No.# 2/3 detained behind the bars since 11.09.2022 (for more than 2 years 5 months), in connection with Special (NDPS) Case No. 89/2022, arising out of Khatkhati P. S. Case No. 70/2022 under Sections 20(c)/21(b)/29 of the NDPS Act, 1985. 3) The learned counsel for the petitioner has submitted that the petitioner is facing trial in Special (NDPS) Case No. 89/2022 for charges under aforementioned provision of law. 4) It is alleged that the petitioner was found in possession of 864 kgs of suspected ganja and 40 grams of suspected heroin. 5) The learned counsel for the petitioner has submitted that in spite of long incarceration of more than 2 years 5 months, the trial has not yet completed and all the witnesses are not examined. He submits that though, six witnesses have been examined by the trial court, however, the 7th witness, i.e., the Investigation Officer of the case, has not been examined in spite of the case being fixed for the same on 16 consecutive dates. 6) He prays for grant of bail to the petitioner on the grounds of long incarceration. 7) On the other hand, the learned Additional Prosecutor has vehemently opposed the prayer of the petitioner on the ground that the quantity of contraband seized in this case are of commercial quantity and therefore, the embargo of Section 37 of the NDPS Act, 1985 is applicable to this case. 8) He also submits that contrary to the submissions made by learned counsel for the petitioner, the trial court has already examined 07 listed witnesses, including the Investigating Officer and the case is fixed on 18.02.2025 for production of Malkhana Register and some GD entries by the Officer-In-Charge of Khatkhati Police Station. 9) He submits that as the trial is nearing its culmination, the petitioner Page No.# 3/3 may not be allowed to go on bail, as the offence involves commercial quantity of contraband. 10) I have considered the submissions made by learned counsel for the petitioner as well as the learned Additional Public Prosecutor. 11) Though, it appears that the petitioner is languishing behind the bars for last more than 2 years 5 months, however, considering the fact that all the witnesses of the prosecution side have been examined and the trial is nearing its culmination, this court is not inclined to grant bail to the present petitioner at this stage and this bail application is accordingly, rejected. 12) However, considering the long incarceration of the petitioner, the trial court is directed to finish the trial as expeditiously as possible. 13) With the above observations, this bail application is disposed of. JUDGE Comparing Assistant