Page No.# 1/3 GAHC010216842025 2025:GAU-AS:14579 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3182/2025 ASAR UDDIN SON OF LATE AMAN UDDIN ALIAS AMAN RAJA SON OF LATE AMANUDDIN ALIAS AMAN RAJA RESIDENT OF VILLAGE LAMA RATABARI PO AND PS RATABARI DISTRICT SRIBHUMI, ASSAM, PIN-788735 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MR. S DUTTA Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 30.10.2025 Heard Mr. S. Dutta, the learned counsel appearing for the petitioner. Also heard Page No.# 2/3 Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for regular bail to the petitioner Asar Uddin who is facing trial in respect of Special (NDPS) Case No.135/2023 pending in the court of learned Sessions Judge, Karimganj. 3. Commercial quantity of narcotic drugs was allegedly recovered from the possession of the present petitioner. Two witnesses were already examined. One of them was declared hostile as this witness failed to support the prosecution case against the present petitioner. This witness has stated in his cross-examination that 992 grams was recovered from the possession of Ayesha Begum, the wife of the present accused. This witness further stated that at the time of recovery, the accused Asar Uddin was not present in his house. 4. The second witness was a seizure witness and failed to support the prosecution case. 5. Mr. Dutta has submitted that the petitioner has been in custody for more than one year and with this type of evidence, there is no possibility of conviction of the accused. 6. I have considered the submissions made by the learned counsel of both sides. 7. In Rabi Prakash v. the State of Odisha, reported in 2023 SCC Online (SC) 707, the Hon’ble Supreme Court has held 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 1st condition stands complied with. So far as the 2nd 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 Page No.# 3/3 situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act.” 8. This Court is of the opinion that under the present circumstances, the prolonged incarceration militates against the fundamental right of the accused guaranteed under Article 21 of the Constitution of India. He deserves to be released on bail. 9. For the aforesaid reason, the bail application is allowed. The accused Asar Uddin who is facing trial in Special NDPS Case No.135/2023 pending in the court of Sessions Judge, Karimganj shall be released on bail of ₹100,000/- (one lakh) with two sureties of like amount to the satisfaction of learned Sessions Judge, Karimganj. 10. The accused Asar Uddin shall continue to appear before the trial court on each and every date of hearing and if he fails to do so, the learned trial court shall have the liberty to procure his attendance by due process of law. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant