Page No.# 1/3 GAHC010273042024 2025:GAU-AS:899 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3936/2024 MD. MOHAR UDDIN AND ANR S/O LATE ISMAIL ALI VILL- NO. 2 AHMEDPUR, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM 2: MD. HASIBUL ISLAM S/O LATE ISMAIL ALI VILL- NO. 2 AHMEDPUR P.S. BIHPURIA DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.01.2025 Heard Mr. N. Uddin, learned counsel for the accused and Mr. B. Sarma, learned Additional P.P. for the respondent. 2. This application under Section 483 of the BNSS, 2023, is preferred by accused, namely, 1. Md. Mohar Uddin 2. Md. Hasibul Islam, who have been languishing in jail hazot, in connection with North Lakhimpur P.S. Case No. 372/2024, under Section 21(b)/29 of NDPS Act, since 05.12.2024, for granting bail. 3. It is to be noted here that, above noted case has been registered on the basis of an FIR lodged by one namely, SI (UB) Satra Singh Patar, of Silonibari Out Post on 03.12.2024. The allegation in the FIR is that acting on a tip off, the informant had apprehended 1. Md. Akhtar Hussain, 2. Md. Mohar Uddin and 3. Md. Hasibul Islam Vill-2 No Ahmedpur, P.S.- Bihpuria, Dist Lakhimpur and conducted search on their operation and recovered 8.99 grms of suspected herion and seized the same in presence of witnesses. 4. Mr. Uddin, learned counsel for the accused submits that the accused were arrested on 05.12.2024, and since then they are languishing in jail hazot for last 55 days and that the quantity of contraband substances allegedly recovered from their possession is 8.99 grms only and as per his instruction the accused are consumer and that their further custodial detention may not be warranted in the interest of investigation therefore, it is contended to allow the petition. Page No.# 3/3 5. Mr. Sarma, learned Additional Public Prosecutor, Assam, on the other hand, submits that he has not received the case diary but as per his instruction the case diary is pending before learned trial Court. 6. Having considered the submission of learned Advocates of both side, it is decided to dispose of this petition without perusing the case diary. 7. It appears that the accused was arrested on 05.12.2024, and since then he has been languishing in Jail hazot for last 55 days. The quantity of contraband substances, as it appears from the FIR and the document placed on record is 8.99 grms, which is of intermediate quantity and considering the length of detention as well as the quantity contraband substances, allegedly recovered from their possession, their further custodial detention seems to be not warranted herein this case, and therefore, this Court is inclined to allow this petition. 8. It is provided that on furnishing a bond of Rs. 50,000/- with one surety like amount to the satisfaction of the learned Special Judge, NDPS Act, Lakhimpur, North Lakhimpur, the accused be enlarged on bail. 9. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant