Page No.# 1/3 GAHC010231022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3383/2025 NASIR UDDIN S/O ABDUL HALIM, R/O KAWAIMARI, P.S. RUPAHIHAT, DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 22.10.2025 Heard Ms. F. Hussain, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Page No.# 2/3 Sanhita, 2023, the accused petitioner namely, Nasir Uddin, has prayed for bail in connection with Rapahihat P.S. Case No. 277/2025 under Section 123 of BNS, 2023 r/w Section 21(a)/8(c) of NDPS Act. 3. The case arose out of an FIR dated 09.08.2025 lodged by a police official. The gist of the allegation is about recovery of 2.10 grams of suspected heroine from the possession of the named accused Arfan Alom. The present petitioner is not named in the FIR but he was apparently with the named accused at the time of his arrest. 4. The learned counsel for the petitioner submits that on fair reading of the FIR, the ingredients of Section 123 BNS pertaining to administering poisonous substance or intoxicating drgus are not made out. Prima facie, I find force in the said contention upon perusing the FIR. Co-ordinate Bench of this Court has held offences pertaining to small quantity under the NDPS Act to be bailable. In this regard, reference may be made to the case Amir Ali vs. State of Assam in BA No.472/2023 and Bilal Hussain vs. State of Assam in AB No. 3029/2024. The said para 22 may be reproduced herein below – ”For the reasons discussed in foregoing paragraphs, this Court is of the considered view that the offence under Section 21(a) of the NDPS Act is bailable offence and this Court fully agrees with the observation made by the Co-ordinate Bench of this Court in the case of “Amir Ali –vs- State of Assam” (order dated 13.02.2023 in Bail Application No. 472/2023).” 5. Thus, I find that while the penal provision of Section 21(a) of NDPS Act constitutes a bailable offence under the jurisdiction of this Court; as far as 123 of BNS is concerned, which is non-bailable, the ingredients, thereof, are prima facie are not made out. In the aforesaid circumstances, I propose to dispose of the bail petition by allowing the same. Page No.# 3/3 6. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Rapahihat P.S. Case No. 277/2025 under Section 123 of BNS, 2023 r/w Section 21(a)/8(c) of NDPS Act, on furnishing bail bond of Rs.15,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 7. The direction for bail is further subject to the following conditions: (a) That the petitioner shall co-operate with the process of law; and (b) That the petitioner shall not hamper or tamper with evidence. 8. Violation or breach of any condition(s) shall entail cancellation of bail. 9. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant