Page No.# 1/4 GAHC010160162025 2025:GAU-AS:14419 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2684/2025 SEIKHOLEN KHONGSAI S/O SHRI SEIMANG KHONGSAI R/O VILL- MOREH, WARD NO. VILL (A), S CHAVANGPHAI, TEHSIL MOREH,P.O. AND P.S. MOREH, DIST. THENGNOUPAL, MANIPUR. VERSUS THE UNION OF INDIA, REPRESENTED BY THE SC, DRI. Advocate for the Petitioner : MR. Y S MANNAN, MR H ROHMAN Advocate for the Respondent : SC, DRI, Linked Case : Bail Appln./2400/2025 DONGKHANSIAM PAITE S/O SHRI GINSIANTHANG R/O VILL-MISSION VENG P.O. AND P.S. MOREH DIST. THENGNOUPAL MANIPUR. VERSUS Page No.# 2/4 THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL DRI. ------------ Advocate for : MR. Y S MANNAN Advocate for : SC DRI appearing for THE UNION OF INDIA :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 28.10.2025 Heard Mr. Y.S. Mannan, the learned counsel appearing for the petitioners. Also heard Mr. M.K. Boro, Senior S.C., DRI. 2. These two bail applications under Section 483 of the BNSS, 2023 praying for grant of bail to the petitioner Seikholen Khongsai and Sri Dongkhansiam Paite who are facing trial in NDPS Case No.64/2023 pending in the court of the learned Addl. Sessions Judge (FTC) No.3, Kamrup(M) at Guwahati. 3. 1112.330 grams of heroin was recovered from a Maruti S- Cross Car bearing Registration No.AS-01-EF-4484. The car was coming from Dimapur side towards Guwahati. It was driven by the petitioner Seikholen Khongsai and the petitioner Dongkhansiam Paite was sitting in the passengers’ seat. A secret cavity was there in the car and from that, the contraband article was recovered. 4. On completion of investigation, police filed the charge sheet. Three witnesses are already examined and discharged after cross-examination. The fourth witness has been examined but his cross-examination has not taken place on more than one Page No.# 3/4 occasion. The reason is that the fourth witness has not come to the court to face cross-examination. Already more than three years have gone by. 5. The two bail applications have been filed on the ground of long incarceration. Mr. Mannan has relied upon the judgment of the Supreme Court that was delivered in Rabi Prakash v. the State of Odisha, reported in 2023 0 Supreme (SC) 707. Paragraph 4 of the said judgment is quoted as under: “4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent – State has been duly heard. Thus, the 1 st condition stands compiled with. So far as the 2 nd condition re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty, the same may not be formed at this stage when he has already spent more than three and a half years in custody. The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act.” 6. Per contra, Mr. Boro has pointed out that these two petitioners are not ordinary residents of the State of Assam. Mr. Boro has submitted that these two petitioners live outside the State and if they are released from jail, the trial court would not be able to procure their attendance if they fail to appear before the said court. According to Mr. Boro, there was another accused person in this case, who is still absconding. 7. I have considered the submissions made by the learned counsel of both sides. 8. There is no doubt that the petitioners are citizens of this country and are governed by the laws of the land. The fundamental right guaranteed under Article 21 of the Constitution of India is also applicable for the petitioners. It is a settled position of law, that prolonged incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution and in such a case, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act. Page No.# 4/4 9. For the aforesaid reasons, the bail applications are allowed. The petitioners Seikholen Khongsai and Dongkhansiam Paite who are facing trial before the court of learned Addl. Sessions Judge (FTC) No.3, Kamrup(M) at Guwahati in NDPS Case No.64/2023 are allowed to go on bail of ₹100,000/- (one lakh) each with two sureties each of like amount to the satisfaction of the learned Addl. Sessions Judge (FTC) No.3, Kamrup(M) at Guwahati. 10. The aforementioned petitioners shall continue to attend the trial court on each and every date of hearing. If they fail to do so, the trial court shall have the liberty to procure their attendance in accordance with the procedure as laid down by law. With the aforesaid direction, both the bail applications are disposed of. JUDGE Comparing Assistant