Page No.# 1/4 GAHC010175862025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2579/2025 MATIUL ISLAM SON OF LATE NURUL ISLAM PERMANENT RESIDENT OF BERENGA PART-V, P.O. SILCHAR, P.S. SILCHAR, DIST. CACHAR, ASSAM, PIN-788001. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.03.2026 1. Heard Mr. I. Alam, learned counsel appearing for the accused petitioners as well as Mr. K. Baishya, learned Additional Public Prosecutor. 2. Invoking 483 BNSS the petitioner, namely, Matiul Islam is seeking regular Page No.# 2/4 bail in connection with Silchar PS case No. 603/ 2025 in GR number 1044/2025 under section 22(C)/25/29 of the NDPS Act. 3. The allegation in the FIR is about recovery of Yaba tablets suspected to be psychotropic substances under the NDPS Act from two of the co-accused and the present accused petitioner was arrested in the course of the initial investigation. 4. After completion of investigation, charge sheet was submitted in this case vide CS No. 6611/2025 dated 21/08/2025 under Section 22(C)/25/29 of the NDPS Act. Subsequently, vide order dated 11/02/2026, charges were framed against 5 accused persons, one of whom is on bail, under Section 22(C)/(29) of the NDPS Act. 5. Thirteen witnesses are stated to have been listed in the charge-sheet. The petitioner is one of the charged accused and has been in detention since 10/6/2025 and trial is also commencing. It is submitted that he is E-rickshaw driver and a poor person. 6. It is submitted by the learned counsel for the petitioner that at the time of the search operation, the present petitioner was in the house of Tara Mani Laskar and that he is not involved with the alleged possession or peddling of the narcotic drugs. It is submitted that while being forwarded by the police, it did not seek his police remand. 7. It is submitted that the Calcutta High Court has granted him bail in another case pertaining to the NDPS Act and submitted a copy of the said order before this Court. It is submitted that one of the main accused namely, Afzal Rajbarbuyan was granted bail by the Sessions Court as reflected in the order dated 11-02-2026 obtained from the CIS. The said Page No.# 3/4 document from internet has been placed before the Court and it states that accused Afzal Rajbarbuyan is present after being released on bail. 8. It is submitted that he is in under trial detention ever since his arrest on 10-06-2025. It is submitted that if the petitioner is granted bail, he will appear before the trial court regularly and abide by any conditions. 9. On the other hand, Mr. K. Baishya, the learned Additional Public Prosecutor opposing the bail submits that there are sufficient incriminating materials against the petitioner indicating that he is a peddler of narcotic drugs. 10. Submitting a relevant document in this regard, the learned Additional Public Prosecutor submits that the petitioner is facing prosecution in other cases also under the NDPS Act. It is submitted by the learned Additional Public Prosecutor that in the other case against the petitioner under the NDPS Act, interestingly, the alleged contraband is same as that in the present case i.e. YABA tablets in significant quantity. 11. I have perused the relevant materials and considered the rival submissions. 12. As per the investigation materials, modified LPG cylinders were found in the house of the accused Taramoni Laskar and recovered from the said Taramoni Laskar and the present petitioner Motiul Islam. The cylinders were found to be modified and containing about Rs. 1,00,000/- YABA tablets which is a prohibited psychotropic substance under the NDPS Act. The seizure witnesses have lend support to the recovery of the contraband and the narration in the charge-sheet also states about the involvement of the present petitioner. As already stated pursuant to framing of charges, trial is on and witnesses are being examined. Page No.# 4/4 13. In the given facts and circumstances, it cannot be said that the test of Section 37 NDPS Act is passed in favour of the accused petitioner. In the said situation, the bail petition is required to be rejected and is accordingly done so. 14. The bail petition stands dismissed and disposed of. JUDGE Comparing Assistant