Page No.# 1/3 GAHC010271892024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3901/2024 PAPPU KUMAR SAHANI S/O RAMESH SAHANI R/O GRAM CHAKKI JAMALABAD, P.O. NAKTA, MADHOPUR, MUZAFFARPUR, MOTIPUR, BIHAR- 843111 VERSUS THE UNION OF INDIA AND ANR. REP BY STANDING COUNSEL OF NARCOTICS CONTROL BUREAU 2:NARCOTICS CONTROL BUREAU REP BY ITS DIRECTOR GUWAHATI ZONAL UNIT VIP ROAD ROOP KUNWAR PATH CHACHAL P.O. KHANAPARA P.S. DISPUR GUWAHATI ASSAM-78102 Advocate for the Petitioner : MR. FIRUZ KHAN, MR. ABHIJIT MENA,MR U CHAUDHURY,RHITUSHREE TALUKDAR Advocate for the Respondent : SC, NCB, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.06.2025 Heard the learned counsel Mr. F Khan appearing for the petitioner. Also heard Mr. S C Keyal, the learned Standing Counsel appearing for the NCB. 2. This application has been filed under Section 483 of the BNSS, 2023 in respect of N.D.P.S. Case No. 73/2022 arising out of NCB Crime Case No. 28/2021 pending in the court of learned Additional District & Sessions Judge No. 5, Kamrup (Metro), Guwahati. 3. On 06.10.2021, 400 kilograms of ganja were seized from a truck in which Pavan Kumar and Nunu Babu were travelling. Both of them were arrested and in course of investigation, the present petitioner was also arrested in this case. 4. Mr. Keyal has submitted that the petitioner is a habitual offender involved in several cases in Assam and in Bihar. 5. Mr. Khan has submitted that nothing was recovered from the possession of the petitioner and even then he has been in custody for the last 702 days. According to Mr. Khan the long incarceration of the petitioner deserves to be considered before granting bail to the present petitioner. 6. I have considered the submissions made by the learned counsel of both sides. 7. It is a settled position of law that long incarceration overrides the provisions of Section 37 of the NDPS Act. In Ravi Prakash Vs. State of Orissa reported in (2023) SCC Online SC 1109, it was held by the Hon’ble Supreme Court that in case of prolonged incarceration and where the conclusion of trial is likely to take time, the fundamental right or liberty guaranteed under Article 21 of the Constitution of India will override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act. 8. Considering the aforesaid facts, this Court is of the opinion that the petitioner deserves to be released on bail. 9. Therefore, the bail application of the petitioner is allowed. 10. Accordingly, it is hereby directed the petitioner, namely, Pappu Kumar Sahani, who Page No.# 3/3 was arrested in connection with N.D.P.S. Case No. 73/2022 arising out of NCB Crime No. 28/2021, shall be released on bail of ₹1,00,000/- (one lakh) with two local sureties of like amount to the satisfaction of the learned Additional District & Sessions Judge No. 5, Kamrup (Metro), Guwahati. The petitioner shall co-operate with the investigation as and when called for. With the aforesaid direction, the bail application is disposed of accordingly. JUDGE Comparing Assistant