Page No.# 1/4 GAHC010256532024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3695/2024 ENNUS ALI @ INNUS S/O MD. HASEM ALI @ HASEN ALI VILL- RANGESWARI, P.O. TUPAMARI, P.S. NAGARBERA, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M HOSSAIN, SK ABDULLAH,MR. Z H AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 24.01.2025 Heard Mr. Z.H. Ahmed, learned counsel for the accused and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by accused, namely, Ennus Ali @ Innus, who has been languishing in jail hazot in connection with Page No.# 2/4 NDPS Case No. 27/2024, under Sections 22(c)/29 of the NDPS Act, arising out of Nagarbera P.S. Case No. 127/2023, under Sections 22(c)/29 of the NDPS Act, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Alex Sonowal of Tupamari Out Post on 06.11.2023. The essence of allegation against the present accused is that on 05.11.2023, at about 5 p.m., one person, namely, Nur Alom was apprehended for being involved in the illegal business of cough syrup, involving commercial quantity and 85 numbers of bottles were recovered from his house at village Rangeswari and according to the said accused, Nur Alom, he purchased the seized contraband substances from the present accused. 4. Mr. Ahmed, the learned counsel for the accused submits that the accused was arrested on 28.11.2023 and since then, he has been languishing in jail hazot for more than a year, and that investigation of the case has already been completed and charge-sheet has been submitted against the present accused on 30.04.2024, and charge was framed on 11.07.2024, and since then, seven witnesses have been examined and out of the said witnesses, none have implicated the present accused, and that the accused is innocent and nothing has been recovered from his possession, and therefore, it is contended to allow the petition. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor has vehemently opposed the petition. Mr. Goswami submits that the trial is going on and seven witnesses have already been examined and only the I.O. remains to be examined and as such, the trial will be completed soon and at this stage, if the accused is enlarged on bail, then the trial will be delayed. Mr. Goswami further submits that the contraband substances allegedly recovered from the co- Page No.# 3/4 accused is of commercial quantity and as such, there is a requirement for satisfying the twin conditions of Section 37 of the NDPS Act and nothing has been shown to show that the accused is not guilty of the offence and that he will not commit any offence while on bail, and on such count, it is contended to dismiss the petition. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also gone through the scanned copy of the record along with the up-to-date status report, dated 07.01.2025, received from the learned trial Court. 7. It appears that the FIR was lodged on 06.11.2023 and the present accused was arrested on 28.11.2023 and the charge-sheet was submitted on 30.04.2024 against the present accused, along with one co-accused, under Sections 22(c)/29 of the NDPS Act, and charge was framed against the accused on 11.07.2024, and out of ten witnesses, seven witnesses have already been examined. Further, it appears that the co-accused has already been enlarged on bail on 06.05.2024. The present accused has no antecedent of criminal activities and admittedly, nothing has been recovered from his possession. And having gone through the evidence, so recorded by the learned trial Court, especially the cross-examination of the complainant P.W.1 and also other witnesses, this Court is prima-facie of the view that the two conditions under Section 37 of the NDPS Act stands satisfied with for the purpose of granting bail to the accused. 8. Under such circumstances, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned Special Judge, Kamrup, Amingaon, the accused be enlarged on bail. Page No.# 4/4 9. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant