Page No.# 1/3 GAHC010275452024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3947/2024 ASISH DEBBARMA @ ASHISH DEBBARMA AND ANR S/O GIRIBALA DEBBARMA R/O PURBA CHANDPUR, BAIRAGIPARA, P.O. CHACHUBAZAAR, P.S. SIDHAI MOHANPUR DIST. WEST TRIPURA, TRIPURA-799211 2: MITHUN DEBBARMA S/O SHRI UTTAM DEBBARMA R/O VILL- CHANDAPUR 235 CHACHUPURA GRAM CHANDPUR P.O.CHACHU BAZAAR WEST TRIPURA PIN- 799211 TRIPURA VERSUS UNION OF INDIA REP BY THE STANDING COUNSEL, NARCOTICS CONTROL BUREAU (NCB) Advocate for the Petitioner : MR. M BISWAS, MS. A K CHOPHI,A GHOSAL,J SINGPHO Advocate for the Respondent : SC, NCB, Linked Case : Bail Appln./3872/2024 GUDDU RAUT @ GUDDU KUMAR S/O SHIVJI RAUT R/O WARD NO. 9 Page No.# 2/3 P.O. SARISWA BAZAR P.S. MAJHAULIYA SRISWA BAZAR P.S. MAJHAULIYA DIST. WEST CHAMPARAN BIHAR-845454. VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL NARCOTIC CONTROL BUREAU (NCB) ------------ Advocate for : MR SARFRAZ NAWAZ Advocate for : SC NCB appearing for THE UNION OF INDIA BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 27.02.2025 Heard Mr. M. Biswas and Mr. Sarfraz Nawaz, learned counsels appearing for the petitioners. Also heard Ms. M. Kakati, learned Standing Counsel for the NCB. Both applications are filed under Section 483 of the BNSS, 2023 whereby the petitioners, namely, (1) Asish Debbarma @ Ashish Debbarma; (2) Mithun Debbarma; and (3) Guddu Raut @ Guddu Kumar have prayed for release on bail, who are facing trial in NDPS Case No. 146/2022, pending in the court of the learned Additional Sessions Judge No. 2, Kamrup (M). The grounds for releasing the petitioners on bail taken by them are that, nothing was recovered from their possession; that they have detained in custody for more than 3 years 2 months and the third one is that, for almost one year no new witness have been examined by the trial court. The learned counsel for the petitioners have relied upon the decision that was rendered in Page No.# 3/3 the case of Tofan Singh v. State of Tamil Nadu, reported in (2021) 4 SCC 1. Para 158.1 and 158.2 of the said judgment are quoted as under: “ 158.1 That the officers who are invested with powers under Section 53 of the NDPS Act are “police officers” within the meaning of Section 25 of the Evidence Act, as a result of which any confessional statement made to them would be barred under the provisions of Section 25 of the Evidence Act, and cannot be taken into account in order to convict an accused under the NDPS Act. 158.2 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.” I have considered the submissions made by the learned counsel for both sides. Considering the ground taken by the petitioners, more particularly, the fact that the petitioners have spent a considerable time in judicial custody, this court is of the opinion that the petitioners do not deserve to be detained in custody for any further period of time. Hence, the prayer for bail of the petitioners is allowed. Accordingly, it is directed that the petitioners, namely, (1) Asish Debbarma @ Ashish Debbarma; (2) Mithun Debbarma; and (3) Guddu Raut @ Guddu Kumar, who are facing trial in NDPS Case No. 146/2022, pending in the court of the learned Additional Sessions Judge No. 2, Kamrup (M) shall be released on bail of Rs.25,000/- each with one surety each of like amount to the satisfaction of the learned Additional Sessions Judge No. 2, Kamrup (M). The bail application is disposed of. JUDGE Comparing Assistant