Page No.# 1/2 GAHC010271662024 2025:GAU-AS:1500 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3897/2024 ASHIQUR RAHMAN S/O LATE ABDUL LATIF, RESIDENT OF LALIPATHAR, PO BECHAMARI, PS DHING, DIST NAGAON, ASSAM 782123 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. A JAHID, MR A IKBAL Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 14.02.2025 Heard Mr A Jahid, learned counsel for the petitioner, Ashiqur Rahman, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail, as he is behind bars since 31.07.2024, in connection with Borpathar PS Case No. 29/2024, under Section 21(c) of the NDPS Act. 3. Heard Mr P S Lahkar, learned Additional Public Prosecutor for the State of Assam, Page No.# 2/2 who has raised serious objection against the bail petition stating that 289.57 grams of heroin was recovered from the conscious possession of the petitioner. 4. I have considered the submissions at the Bar with circumspection. 5. I have also scrutinized the Trial Court Record. 6. Charges have been framed against the petitioner, on 18.01.2025. It is true that not a single witness has been examined so far, but at the same time, at this stage it cannot be considered to be a stage, where the petitioner’s right to personal liberty has been infringed. At this juncture, the rigours of Section 37 of the NDPS Act, acts as an embargo. This Court is constrained to reject this bail petition, at this stage. 13. Petition stands rejected at this stage. JUDGE Comparing Assistant