Page No.# 1/4 GAHC010262742024 2025:GAU-AS:1123 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3788/2024 UBAID ULLAH S/O LATE JALAL UDDIN R/O VILL- SALEHPUR P.O. AND P.S. PATHARKANDI DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.02.2025 1. Heard Mr. H. R. Choudhury, learned counsel for the petitioner Ubaid Ullah. 2. The petitioner has filed this application under Section 439 of the Cr.PC with prayer for bail as he is behind bars since 26.03.2023 in connection with Special Page No.# 2/4 NDPS Case No. 335/2023 arising out of Karimganj P.S. Case No. 233/2023 under Sections 21(c)/22(c)/25/29 of the NDPS Act, 1985. 3. Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for the respondent State. 4. It is submitted on behalf of the petitioner that a subsequent bail application has been filed as despite the direction of this Court in the earlier order dated 23.10.2024, in connection with B.A. No. 2149/2024, the learned Trial Court has not made an endeavour to dispose of the proceeding expeditiously. From that date, when the order was passed almost a year ago, not a single witness has been examined till date. Charges are not yet framed. The petitioner has been behind bars for more than 1 year 10 months. 1 accused is yet to be arrested. 16 witnesses are enlisted. It is further submitted that the contraband was not recovered from the conscious possession of the petitioner and the petitioner has been incarcerated only on the basis of the statements of the co-accused. 5. The petitioner has relied on the decision of the Hon'ble Supreme Court in Tofan Singh Vs The State of Tamil Nadu reported in (2021) 4 SCC 1, wherein it has been observed that a statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act. 6. On the contrary, learned Additional Public Prosecutors Mr. K. Baishya and Ms. N. Das have submitted that the present case is not a case relating to trial of the petitioner but a bail prayer has been made for a person who is involved in a heinous offence. Charge-sheet has been laid against the petitioner as there was a prima facie case that the petitioner has been involved in transportation of commercial quantity of contraband (heroin). Page No.# 3/4 7. The petitioner has also relied on the decision of the Hon'ble Supreme Court in Dhirendra Kr. Choudhury Vs. The State of Assam in Criminal Appeal No. 3379/2024, corresponding (SLP CRL. No. 5068/2024), wherein the appellant Dhirendra Kr. Choudhury was granted bail as he was under incarceration for 17 months and trial did not commence. It is submitted that the present petitioner is on the same footing. 8. I have considered the submissions at the Bar with circumspection. It is true that the petitioner has been behind bars for more than 1 year 10 months and he has been alleged of transportation of heroin along with Yaba tablets hidden inside the secret chamber in the fuel tank of the truck bearing registration No. TR 02D-1691. The scanned copies of the Trial Court Records reveals that the accused Madhab Sarkar is evading appearance and this has prevented the Court from framing of charges. Trial is yet to commence and charges are yet to be framed. 9. It appears that possibility of conclusion of trial appears to be remote as there are 16 enlisted witnesses and charges have not been framed yet. Considering the peculiar facts and circumstances of this case, bail may be granted to the petitioner. The petitioner is hereby enlarged on bail of Rs. 1 lac with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that:- (i) The petitioner shall co-operate with the trial, (ii) The petitioner shall not jump the bail, (iii) The petitioner shall refrain from such activities with which he is alleged, and (iv) The petitioner shall not leave the jurisdiction Page No.# 4/4 of the Court without prior permission, till conclusion of trial. 10. On breach of any of the bail conditions, the learned Trial Court is at liberty to immediately cancel the bail granted to the petitioner. 11. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant