Page No.# 1/3 GAHC010255112024 2025:GAU-AS:3375 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3677/2024 TARUN KUMAR S/O AWADHESH ROY R/O DADPUR CHAKNOOR P.O. AND P.S. SAMASTIPUR, BIHAR, PIN CODE- 848130 VERSUS THE UNION OF INDIA REP BY THE SC, NCB Advocate for the Petitioner : MR. T HUSSAIN, Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 25.03.2025 Heard Mr. Y. S. Mannan, learned counsel appearing for the petitioner and Ms. M. Deka, learned counsel on behalf of Mr. S. C. Keyal, learned Standing Counsel, Narcotics Control Bureau (NCB) for the sole opposite party. 2) The petitioner, namely, Tarun Kumar, son of Awadhesh Roy, resident of Dadpur Chaknoor, Police Station-Samastipur, Bihar has filed this application under Section 483 BNSS, 2023 seeking Page No.# 2/3 his bail in NDPS Case No. 08/2021, arising out of NCB Guwahati Crime No. 12/2020, registered under Sections 20(b)(ii)(C)/29 of the NDPS Act, 1985, in which, he was arrested on 12.08.2020 and is in custody since then. 3) 707.050 Kgs of Ganja was recovered by NCB personnel from a truck bearing Registration No. NL 01 AE 1397 that was parked opposite to Tolaram Bafna District Civil Hospital, NH-37, Amingaon, Assam on 11.08.2020 that was driven by the petitioner, along with a co-driver, namely Pramod Ray. 4) Accordingly, NCB Crime No. 12/2020 was registered and the petitioner, along with said Pramod Ray, the other driver of the vehicle; the handyman of the truck, namely, Sujit Kumar and the owner of the seized truck, namely, Baiju Thakur were arrested under Sections 20(b)(ii)(C)/29 of the NDPS Act, 1985. 5) After completion of the investigation of the case, NCB submitted the charge sheet in the case under Sections 20(b)(ii)(C)/29 of the NDPS Act, 1985 against all the accused persons of the case, including the petitioner herein. 6) After submission of the charge sheet, said NCB Guwahati Crime No. 12/2020 was registered and re-numbered as NDPS Case No. 08/2021 under Sections 20(b)(ii)(C)/29 of the NDPS Act, 1985 that is presently pending before the Court of learned Special Judge (NDPS) cum Sessions Judge, Kamrup at Amingaon. 7) It is submitted by Mr. Mannan, learned counsel appearing for the petitioner that as on date, after framing of the charge, only 3 (three) Nos. of prosecution witnesses named in the charge sheet have been examined and that after 30.11.2023, none of the witnesses from the side of the NCB have been examined as they did not appear, whereas the petitioner herein is in custody for more than 4 years and 7 months in the said case. 8) Ms. Deka, learned counsel appearing on behalf of the opposite party submitted that by filing a supplementary complaint and a supplementary charge sheet in said NCB Guwahati Crime No. 12/2020, one Birchandra Ray @ Virchandra Ray has been charge sheeted in the case, but he is yet to be apprehended in the case. 9) Mr. Mannan, learned counsel appearing for the petitioner placed before the Court that the Hon’ble Apex Court by an order dated 16.05.2024 granted bail to the co-accused of the case, namely, Baiju Thakur, considering his period of detention in custody for about 3 years and 8 Page No.# 3/3 months. Further, Mr. Mannan placed an order of the Hon’ble Apex Court dated 21.03.2025, by which the said Hon’ble Court granted bail to another co-accused of the case, namely, Sujeet Kumar @ Sujit Kumar, the handyman of the truck, from which the Ganja was seized in the case, who was arrested along with the petitioner of the present case on 12.08.2020, considering his period of detention in custody for 4 years and 6 months. 10) While granting bail to the co-accused Baiju Thakur on 16.05.2024 in Criminal Appeal No. 2603/2024, arising out of S.L.P. (Criminal) No. 5167 of 2024 as well as in Petition for Special Leave to Appeal (Crl.) No. 2197/2025 dated 21.03.2025 in the case of Sujeet Kumar @ Sujit Kumar, the Hon’ble Apex Court considered the length of their detention in custody. 11) It is seen that both the co-accused, namely, Baiju Thakur and Sujit Kumar are from the State of New Delhi and Bihar respectively. The petitioner in the case in hand is also from Samastipur, in the State of Bihar. 12) As the co-accused of the case has already been granted bail by the Hon’ble Apex Court, as noted above, this Bail Application of the petitioner is also allowed with the observation that the petitioner, namely, Tarun Kumar, son of Awadhesh Roy, detained in custody in said NDPS Case No. 08/2021, arising out of NCB Guwahati Crime No. 12/2020 shall be produced before the learned Special Judge (NDPS) cum Sessions Judge, Kamrup at Amingaon within a period of 1 (one) week from today and he shall be enlarged on bail by the said Court on appropriate terms and conditions till the conclusion of the trial, on hearing the concerned Public Prosecutor (NCB Crime herein) before fixing the terms and conditions by the said Trial Court. 13) This bail application of the petitioner accordingly stands disposed of. JUDGE Comparing Assistant