Page No.# 1/3 GAHC010279582024 2025:GAU-AS:568 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./15/2025 MD JAMIR UDDIN @ JOMIR UDDIN S/O ABDUL MOTLAB R/O 2 NO. PARBORIPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM,MR. H KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 21.01.2025 Heard Mr. B. Islam, learned counsel for the accused and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the BNSS, is preferred by accused namely, Md. Jamir Uddin @ Jomir Uddin, who has been languishing in jail hazot in connection with the Laluk P.S. Case No. 201/2024, under Sections 21(b)/29 of the NDPS Act, for granting bail. Page No.# 2/3 3. It is to be noted here that the said case has been registered on the basis of an F.I.R. lodged by S.I. Chiranjib Boruah, on 23.11.2024. The essence of allegations in the F.I.R. against the applicant is that on 22.11.2024, at about 06:00 pm, during Naka checking, the informant has intercepted one bus, bearing registration No. AS-07-AC-9487 and apprehended two persons, namely, Md. Jamir Uddin and Sri Suraj Das and recovered three soap boxes wrapped in a black colored polythene containing orange coloured suspected heroin from their possession. 4. Mr. Islam, learned counsel for the accused submits that altogether 29.21 grams of suspected heroin was allegedly recovered from the possession of the accused persons and that the quantity of the contraband substance so recovered from the possession of the accused is of intermediate quantity. Mr. Islam further submits that the mandatory period for submitting charge sheet, under Sections 21(b)/29 of the NDPS Act, is 60 days. Mr. Islam also submits that the accused was arrested on 23.11.2024, and since then he has been languishing in jail hazot for last 59 days and till date no charge sheet has been submitted by the I.O. and therefore, he has contended to allow the petition. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor submits that as per his information no charge sheet has been submitted till date. Mr. Goswami further submits that as the accused has been languishing in jail hazot for last 59 days and the mandatory period for submitting charge sheet, under Sections 21(b)/29 of the NDPS Act, is 60 days, he has opposed granting the privilege of bail to the accused at this stage. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record. Page No.# 3/3 7. It appears that the accused was arrested on 23.11.2024 and he was forwarded to the jail hazot on the same day and since then he is behind the bar for last 59 days and till date no charge sheet has been submitted by the I.O. 8. It also appears that the quantity of contraband substance recovered from the possession of the accused is of intermediate quantity and the mandatory period for submitting charge sheet, under Sections 21(b)/29 of the NDPS Act, is 60 days and since today is the 59th day, there is no possibility of submission of charge sheet within the stipulated period of 60 days. 9. Taking note of the aforementioned facts and circumstances, this court is inclined to allow this petition. It is provided that on furnishing his bond of Rs. 50,000/- only with one surety of like amount to the satisfaction of the learned Special Judge, NDPS Act, Lakhimpur, North Lakhimpur the accused be enlarge on bail. 10. In terms of above this B.A. stands disposed of. JUDGE Comparing Assistant