Page No.# 1/5 GAHC010268512024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3876/2024 JHALMAN SINGH S/O NAZAR SINGH R/O TOOSA, TEHSIL - RAJKOT, V.P.O. TOOSA, P.S. SUDHAR, TOSSEY, LUDHIANA PUNJAB-142023. VERSUS THE UNION OF INDIA REPRESENTED BY THE SC, NCB Advocate for the Petitioner : MS. S K NARGIS, MS N SULTANA,MS S BEGUM Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 11.04.2025 Heard Ms. S.K. Nargis, learned counsel for the petitioner. Also heard Ms. M. Deka, learned counsel appears on behalf of Mr. S.C. Keyal, learned Standing counsel, NCB. Page No.# 2/5 2. By this second bail application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Jhalman Singh, has prayed for bail in connection with Special NDPS Case No. 23/2021(arising out of NCB Crime No. 16/2020) under Section 21(C)/29 of NDPS Act, pending in the court of learned Special Judge, Kamrup, Amingaon. 3. The prosecution case in brief is that on 09.12.2020 the NCB unit of Guwahati seized 19984 numbers Phensedyl Codeine based cough syrup bottles from a truck bearing No. PB-13-1W-9785 at Madanpur Toll Plaza, NH-37 Kamrup(Rural), Assam. In this regard, a case was registered and two persons were arrested along with the seized articles. The arrested accused persons are Jhalman Singh @ Sony i.e. the present petitioner and Jora Singh @ Tinku. 4. The learned counsel for the petitioner submits that the petitioner is a driver by profession, but on the day in question, he was driving a different truck from which the contraband was recovered. The petitioner was arrested merely on speculation only and without any authentic proof. 5. The learned counsel for the petitioner submits that the petitioner has been detained in custody for more than four years since his arrest on 10.12.2020. It is further submitted that out of 9(nine) witnesses, only 2(two) witnesses have been examined. It is difficult to believe that the prosecution would complete the trial within a short span of time. 6. By referring the judgment of Rabi Prakash vs. The State of Odisha, reported in 2023 Livelaw (SC) 553, learned counsel has pointed out that it was held by the Hon’ble Supreme Court that- “the prolonged Page No.# 3/5 incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embergo created under Section 37(1)(b)(ii) of NDPS Act.”. In support of her submission, the learned counsel for the petitioner has also placed reliance on some other case laws- (i) Sujeet Kumar @ Sujit Kumar vs. The Union of India, reported in Special Leave petition (Crl.) No. 2197/2025. (ii) Ankur Chaudhary vs. State of Madhya Pradesh, reported in Special Leave to Appeal (Crl.) No. 4648/2024. 7. On the other hand, Ms. Deka, learned counsel appears on behalf of Mr. S.C. Keyal, learned Standing counsel, NCB, submits that commercial quantity of Phensedyl Codeine based cough syrup bottles (19984 bottles) were recovered from the possession of the petitioner. Out of 9(nine) witnesses, 2(two) witnesses have been examined. As the commercial quantity of Phensedyl Codeine based cough syrup bottles were recovered from the possession of the petitioner, Section 37 of NDPS Act is attracted here in this case. Considering the fact as well as the present status of the case, bail may not be granted to the petitioner at this stage of trial. Learned counsel for the NCB referred the following cases- (i) State By (NCB) Bengaluru vs. Pallulabid Ahmed Arimutta @ Anr., reported in 2022 0 Supreme (SC) 56. (ii) Mahendra Singh vs. The Union of India in BA No. 3130/2024. Page No.# 4/5 8. I have considered the submissions made by the learned counsel for the parties. I have also perused the scanned copy of trial court records. 9. Having heard the learned counsel for the parties and on perusal of trial court record, it reveals that the accused/petitioner has been in judicial custody for more than four years. However, out of 9(nine) witnesses, 2(two) witnesses have been examined till date. 10. It is well settled by Hon'ble Supreme Court in catena of decisions that subsequent bail application is maintainable only when there is change of circumstance in favour of the accused. Reference in this context can be made to a decision in State of T.N. vs. S.A. Raja, reported in (2005) 8 SCC 380. Here in this case, admittedly, and except the length of detention, no change of circumstances has taken place in favour of the accused and the learned Additional Public Prosecutor has rightly pointed out this issue at the time of hearing. 11. In the case of NCB vs. Mohit Agarwal, reported in [2022] 0 Supreme (SC) 619, a three Judges Bench of Hon'ble Supreme Court has held that the length of period of his custody or the fact that the charge sheet has been filed and the trial has commenced are by themselves not consideration that can be treated as persuasive ground for granting relief to the accused under section 37 of the NDPS Act. 12. That being so, the length of detention, to the considered opinion of this Court, can neither be a change of circumstance in favour of the accused nor be it a ground of releasing the accused on bail. Indisputably, the quantity of contraband substance recovered from the possession of the accused are of Page No.# 5/5 commercial quantity and as such, the embargo under Section 37 of the NDPS Act will definitely come into play here in this case. Moreover, from the materials placed on record and also from the trial court record as well as from the submission of the learned counsel for the accused, this Court is unable to derive its satisfaction that the accused is not guilty of the offence and that he will not commit similar offence while on bail. 13. In view of the above, this Court is not inclined to grant bail to the petitioner. However, trial court is directed to take initiative to complete the trial within four months. 14. In view of the above, the bail application stands disposed of. JUDGE Comparing Assistant