Page No.# 1/2 GAHC010254472025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3731/2025 IMRAN S/O LATE MOHAMMAD YASEEN, R/O VILL BEHSA, P.O. PAC GATE, 32 BATTALION, P.S.- SAROJINI NAGAR, DIST.- LUCKNOW, UTTAR PRADESH VERSUS THE UNION OF INDIA TO BE REPRESENTED BY THE LEARNED SC, NCB Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,SAMIM RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : SC, NCB, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 29.01.2026 Heard Mr. S Nawaz, learned counsel for the petitioner. Also heard Ms. M. Deka, learned Standing Counsel, NCB. This is an application filed under Section 483 of the BNSS, 2023 in respect of NDPS Case No. 49/2022 pending in the court of the learned Additional District & Sessions Judge No. 2, Kamrup (M), Guwahati. The accused/petitioner Imran has already spent more than 4 years 4 months and 25 days in judicial custody and the last Prosecution Witness was examined on 30.04.2024. Since then, no witness has been examined by the trial court. Mr. Nawaj has relied upon a judgment of the Hon’ble Supreme Court that was rendered in the case of Rabi Prakash v. State of Odisha, reported in 2023 Live Law (SC) 533. In the said judgment, the Hon’ble Supreme Court held that 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. I have considered the submissions made by the learned counsel of both sides. Considering entire aspect of the matter, the petitioner does not deserve to be detained in custody any longer. Accordingly, the petitioner Imran, who is in custody in connection with NDPS Case No. 49/2022, is allowed to go on bail of Rs.50,000/- with one local surety of like amount to the satisfaction the learned Additional District & Sessions Judge No. 2, Kamrup (M), Guwahati. With the above, the bail application is disposed of. JUDGE Comparing Assistant