Page No.# 1/4 GAHC010258562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3781/2025 JIABUR RAHMAN S/O LATE ABDUL AWAL , R/O LENGRIBORI WARD NO 4 , PS MOIRABARI , DIST MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 05.12.2025 Heard Mr. J.I. Barbhuiya, learned counsel appearing for the accused – applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This is an application filed under Section 483 of BNSS, 2023 praying for Page No.# 2/4 bail of the accused – applicant, namely, Jiabur Rahman in connection with Moirabari P.S. Case No. 165/2025 under Sections 21(b)/25 of the NDPS Act. 3. The gist of the allegation in the FIR dated 30.10.2025 is that on receipt of certain confidential information, the Police Team went to the house of the accused – applicant and from his house, they recovered 75.08 grams of Heroin contained in a plastic soap case which was weighted at 23.12 grams excluding the plastic soap case. On receipt of the FIR, the Police has registered a Moirabari P.S. Case No. 165/2025 under Sections 21(b)/25 of the NDPS Act against the accused – applicant. 4. The learned counsel appearing for the accused – applicant submits that the accused – applicant is not a habitual offender and there is no antecedent of his involvement of any such activity of drug paddling. The learned counsel appearing for the accused – applicant further submits that since the accused – applicant has already spent 37 days behind the bars and he is willing to cooperate with the investigation, this Court may release him on bail at this stage. 5. The learned Addl. Public Prosecutor appearing for the State submits that there are incriminating materials against the accused – applicant and his direct involvement in the instant case as can be seen from the Case Diary as well as the FIR lodged by the Police. In view of the aforesaid submission, the learned Additional Public Prosecutor submits that the detention of the accused – applicant may not be a relevant ground for consideration of bail at this stage. 6. This Court has gone through the Case Diary that has been submitted before this Court as well as the submissions made by the respective counsel appearing for the parties. It is seen that the quantity that has been recovered Page No.# 3/4 from the possession of the accused – applicant is of inter-mediate quantity. It is also seen that there is no allegation against the accused – applicant being a habitual offender relating to contraband narcotics. It is also seen that since the quantity is of inter-mediate quantity, Section 37 of the NDPS Act is not applicable in the instant case. Taking into account the length of detention of 37 days and that the Police has yet to file the Charge Sheet in the instant case, this Court is of the opinion that the accused – applicant should be allowed to go on bail. 7. Accordingly, it is directed that the accused - applicant shall be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a surety of like amount to the satisfaction of Special Judge, NDPS, Morigaon subject to the following conditions- (i) That the accused - applicant shall co-operate in the investigation of Moirabari P.S. Case No. 165/2025 under Sections 21(b)/25 of the NDPS Act; (ii) That the accused - applicant shall appear before the Investigating Officer as and when so required by the Investigating Officer; (iii) That the accused - applicant shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer; (iv) That the accused - applicant shall not commit any offence while on bail. 8. In view of the aforesaid finding, the instant bail application stands Page No.# 4/4 disposed of as allowed. Case Diary so received to be sent back. JUDGE Comparing Assistant