Page No.# 1/3 GAHC010271782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3965/2025 TAJ UDDIN @ TAJ UDDIN BORBHUYAN S/O SAJADUR RAHMAN, R/O MODERTOLI MIKIR GAON, P.O- MODERTOLI, P.S- DOBOKA, DIST- HOJAI, ASSAM, PIN- 782440 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : M U BARBHUYAN, SHAHANAWAZ CHOWDHURY,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 09-12-2025 Heard Mr. D.K. Agarwala, learned counsel for the petitioner. Also heard Mr. K.K Parasar, learned Addl. P.P appearing for the State. This application has been filed under section 483 of BNSS, 2023 praying for release of the petitioner on bail who was custody since 10.09.2025 in Page No.# 2/3 connection with Special NDPS Case No. 85/2025 arising out of Doboka P.S Case No. 174/2025 u/s 21(b)/27(A) NDPS Act pending in the Court of the learned Special Judge, Sankardev Nagar, Hojai. The learned counsel for the petitioner has submitted that on 10.09.2025, the accused was arrested after a body search and 6 Nos. of plastic container were recovered from the Bajaj Auto which the petitioner was driving. The total weight of the suspected heroin with the container of 10 gm. The petitioner was thereafter produced before the learned Remand Magistrate, who remanded the petitioner to judicial custody till 24.09.2025 and thereafter, the petitioner has been behind bar. The learned counsel for the petitioner has submitted that the total weight of the suspected heroin along with 10 gm of container, the petitioner at best was carrying only a little quantity which does not suffice even the intermediate quantity. The learned counsel for the petitioner has submitted investigation has been completed and the charge-sheet has been submitted that on 25.11.2025 and therefore, the petitioner may be enlarged on bail so that he may defense himself appropriately during the trial. The learned counsel for the petitioner further submitted that although from the allegation under section 27A of NDPS Act, there is nothing on record to show that any proceed of prosecution in contraband were recovered from the petitioner. He accordingly, prays that the petitioner may be released on bail. The learned Addl. P.P has objected to the prayer made by the petitioner. We have considered the submissions made by the learned counsel for the parties and we have gone through the contents of the petition and also the record available. In the facts and circumstances in the case, we deem fit it Page No.# 3/3 proper to grant the petitioner the privilege of bail in connection with the aforesaid case. The petitioner shall be released on bail by executing a bail bond of Rs. 15,000/- with two local surety of like amount to the satisfaction of learned Special Judge, Hojai subject to the following conditions that the petitioner; i) shall co-operate with the remaining investigation ii) shall not hamper or tamper with the evidence. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant