Page No.# 1/3 GAHC010258302024 2025:GAU-AS:5836 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./398/2025 PREMA PANDIT S/O LATE SANTOSH PANDIT, RESIDENT OF KUSHAL KONWAR PATH, NAGAON ROAD, WARD NO. 8, BALUHUNDAR, PS LANKA, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. A KHANDAKAR, MISS. J GOGOI,MR P J DUTTA,MR. B P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 13/05/2025 Heard Mr. B P Borah, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Prema Pandit, son of Late Santosh Pandit, resident of Kushal Konwar Path, Nagaon Road, Ward No. 8, Baluhundar, P.S. Lanka, District-Hojai, has filed this application under Section 483 of BNSS, 2023, on 13.02.2025, praying for his bail in NDPS Case No. 78/2023 arising out of Borpathar Police Station Case No. 30/2023 corresponding to G.R. No. 214/2023 against whom charge has been framed under Section 20(C) of the NDPS Act, wherein he was arrested on Page No.# 2/3 13.06.2023 and is in custody since then. 3. According to the petitioner, he was not in exclusive possession of the NDPS materials seized in the case and on being pointed out by the conductor/handyman of the public passengers’ vehicle (bus), he was taken into custody. 4. It is also submitted on behalf of the petitioner that since 13.06.2023, he is in custody for more than 1 year ½ months till the date of filing of this bail application and that the prosecution has examined only 4 of its witnesses. Considering his detention in custody since 13.06.2023, the petitioner has prayed for his bail in said Borpathar P.S. Case No. 30/2023. 5. As per the FIR dated 12.06.2023 lodged before the Officer-in-Charge of Borpathar Police Station, the case is that during a Naka checking at Khakrajan checking point under Borpathar Police Station, from a public passengers’ vehicle (bus) bearing registration No. AS-21-C-9426 that was coming from Dimapur side and was proceeding to Nagaon in presence of independent witnesses following the due process of law, 85.19 kgs. of suspected Ganja (Cannabis) from 17 packets kept in 40 nos. of plastic mats wrapped in a mat (pati) were recovered. On being enquired, the passengers remained silent but on proper identification the petitioner was apprehended. 6. By order dated 17.02.2025, the records were called for from the Court of learned Special Judge (NDPS), Karbi Anglong, Diphu. 7. On perusal of the records, it is seen that the seized NDPS items recovered from the said public passengers’ vehicle was forwarded to FSL and the FSL report dated 30.08.2023 specified that the seized substances gave positive test for Cannabis (Ganja). 8. From the records, it is also seen that the FIR dated 12.06.2023 was accordingly registered as Borpathar P.S. Case No. 30/2023 under Section 20(C) of the NDPS Act and on completion of investigation, charge-sheet in said Borpathar P.S. Case No. 30/2023 was submitted on 22.09.2023 vide Charge-Sheet No. 37/2023 under Section 20(C) of the NDPS Act corresponding to G.R. No. 214/2023 against the petitioner. 9. It is also seen from the records of the case that after filing of the charge-sheet in said Borpathar P.S. Case No. 30/2023, the same was registered as NDPS Case No. 78/2023 before the learned Special Judge (NDPS), Karbi Anglong, Diphu in which the learned Special Judge on 26.10.2023 took cognizance of the offence under Section 20(C) of the NDPS Act. The learned Special Page No.# 3/3 Judge on 16.12.2023 in said NDPS Case No. 78/2023 framed charge under Section 20(C) of the NDPS Act. 10. It is also seen from the records that up to 24.10.2024 out of 10 named prosecution witnesses in the charge-sheet, evidence of 4 prosecution witnesses have already been recorded who were thoroughly cross-examined by the defence. 11. From the evidence of the prosecution witnesses so far recorded by the learned Special Judge (NDPS), Karbi Anglong, Diphu, there are materials against the petitioner. 12. From the records, it is seen that there is no such unreasonable delay on the part of the prosecution in recording the evidence of its witnesses, which cannot be said that the right of the accused petitioner have a speedy trial of said NDPS Case No. 78/2023 has been infringed. 13. Considering such materials in the case records and for the reasons above, the Court is of the view that it is not a fit case to grant bail to the petitioner, Prema Pandit, in said NDPS Case No. 78/2023 arising out of Borpathar P.S. Case No. 30/2023 corresponding to G.R. No. 214/2023 considering his detention in custody since 13.06.2023. 14. Accordingly, this bail application of the petitioner, Prema Pandit, in said NDPS Case No. 78/2023 arising out of Borpathar P.S. Case No. 30/2023 stands rejected at this stage, being devoid of merit. JUDGE Comparing Assistant