Page No.# 1/3 GAHC010259432025 2025:GAU-AS:16967 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3844/2025 NAJRUL HOQUE SON OF LATE MUSSABIR ALI R/O VILL- PUB JARONI, P.S.MURAJHAR, DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,IMDADUL ISLAM,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 08.12.2025 Heard Mr N Ahmed, learned counsel appearing for the petitioner. Also heard Mr K K Das, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023, praying for granting of bail to the petitioner, namely, Najrul Hoque, who was arrested on 12.11.2025, in connection with Doboka PS Case No. 226/2025, under Sections 21(b)/27A of the NDPS Act, 1985. Page No.# 2/3 3. The quantity of drugs recovered from the accused is 1.37 grams without vials. 4. The learned counsel for the petitioner has submitted that he is an addict and no further recovery has been made. The petitioner has been languishing incarceration from 13.11.2025. 5. The petitioner is a young person and the quantity of drugs recovered indicates that he may be a drug addict. The learned counsel for the petitioner has further submitted that the contraband which has been recovered from the petitioner is of intermediate quantity. Therefore, the learned counsel for the petitioner has prayed for extending the privilege of bail to the petitioner. 6. The learned Additional Public Prosecutor has submitted that although the prosecution alleges the recovery of the aforesaid quantity of drugs from the petitioner, the petitioner appears to be a drug addict and he does not deserve to be considered for bail. 6. I have considered the submissions made by the learned counsel for both the parties and I have also gone through the documents annexed with the record. 7. It is an undisputed fact that the recovered quantity falls under the intermediate quantity. 8. Since the quantity involved is apparently intermediate, the stringent rigours and twin conditions mandated under Section 37 of the NDPS Act are not applicable to the present case, and the bail application is to be considered based on general principles under the BNSS, 2023. 9. In view of the above, this Court is of the opinion that the privilege of bail may be extended to the petitioner. Accordingly, the petitioner is enlarged on bail of Rs. 10,000/- with 2 (two) suitable sureties of the like amount to the satisfaction of the learned District and Sessions Judge, Sankardevnagar, Hojai, under the following conditions that:- i. the accused shall appear before the Investigation Officer of said Doboka Page No.# 3/3 PS Case No. 226/2025 as and when he is required for necessary investigation; ii. he shall not leave the territorial jurisdiction of Doboka Police Station, without obtaining prior written permission from the concerned Investigation Officer of the case; iii. he shall not hamper with the investigation, or tamper with the evidence of the case; iv. he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing facts to the Court or to any Police Officer; and v. he shall not involve himself in any criminal activities in future. 10. In case of any violation of the aforesaid terms and conditions by the petitioner, the bail granted to him in the aforesaid Doboka PS Case No. 226/2025, shall stand liable to be revoked. 11. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant