Page No.# 1/4 GAHC040005212025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/36/2025 Najir Hussain resident of Solsoli, PO and PS Sadar, District Nagaon, Assam VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tabit Tapak, Y Pangu,Aso Dalbong Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 21.04.2025 Heard Mr. T. Tabing, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State. 2. By filing this bail application under Section 482 of BNSS, 2023, the applicant has prayed for release of the accused, namely, Smti. Saheda Khaton@ Shahida Khatun on bail, who has been arrested on 17.02.2025 in connection with Banderdewa P.S. Case No. 19/2025 under Section 21(b) of Page No.# 2/4 NDPS, Act 1985. 3. The case set up by the prosecution is to the effect that on 17.02.2025 from a reliable information that one suspected lady has been transporting a huge quantity of Narcotics Drugs suspected to be heroin from Assam and selling the same to the local youths of Niya colony area at Banderdewa. Accordingly, the same was intimated to the Superintendent of Police, who had directed the Officer-In-Charge of Police Station Banderdewa to constitute a team. Subsequently, the police team laid a trap so as to apprehend the suspected lady after identifying the location of the suspected drug peddler. After compliance of the procedure, the rented house was thoroughly searched in presence of the witnesses and recovered one green color soap case containing narcotic substances suspected to be heroin weighing 10.23 gram and one blue color soap case containing contraband substances suspected to be heroin weighing 13.09 gram which was hidden inside the blue color bag pack from the bedroom of suspected drug peddler the accused Smti. Saheda Khaton@ Shahida Khatun. Accordingly, the accused was apprehended from the rented house located at Niya colony Banderdewa. Thereafter, S.I S. K. Singh of Police Station Banderdewa has lodged the FIR which has been registered as Banderdewa P.S. Case No. 19/2025 under Section 21(b) of NDPS, Act. The accused Smti. Saheda Khaton@ Shahida Khatun was arrested on 17.02.2025 and remanded on 18.02.2025 for 5(five) days and now she is under judicial custody for more than 63(sixty-three) days. 4. Mr. T. Tabing, learned counsel for the applicant submits that the accused is a lactating mother of 5(five) months baby and she is facing inhuman hardship Page No.# 3/4 inside the jail and there is no one to look after the baby. The baby is to be looked after and taken care by the mother only. Due to inhuman condition and atmosphere inside the jail, the baby cannot be taken inside for proper care by the accused. 5. Mr. Tabing, learned counsel for the applicant further submits that since the offence alleged is under Section 21(b) of NDPS Act, for which, the prescribed punishment is up to 10(ten) years and the investigating authority has failed to file a charge-sheet within a prescribed period of 60(sixty) days, the accused is entitled to be released on default bail under Section 187(3) of BNSS, 2023. 6. Mr. T. Ete, learned Additional Public Prosecutor submits that in view of the settled position of law, the accused may be entitled for default bail as the police has failed to filed the charge-sheet within a prescribed period of 60(sixty) days under Section 187(3) of BNSS, 2023, as the offence alleged is less than commercial quantity and the punishment prescribed is extendable up to 10(ten) years, otherwise prima facie, the involvement of the accused as drug peddler is indicated in her own statement on the materials that she is involved in the alleged offence. Therefore, he submits that this Hon’ble Court may pass an appropriate order as may deem fit and proper. 7. I have considered the submissions of the learned counsel for the parties and also perused the Case Diary. 8. The accused, namely, Smti. Saheda Khaton@ Shahida Khatun was arrested on 17.02.2025 in connection with Banderdewa P.S. Case No. 19/2025 under Page No.# 4/4 Section 21(b) of NDPS Act, and is in judicial custody. Admittedly, no charge- sheet has been filed even after the lapse of 60(sixty) days as required to be done by the police under the law. 9. The materials on the Case Diary indicates, prima facie, involvement of the accused in dealing with the contraband substance as she is also an accused in another case involving commercial quantity particularly Banderdewa P.S. Case No. 16/2021 and Bihpuria P.S. Case No. 140/2024. However, since the police has failed to file a charge-sheet within the prescribed period under the law, this Court is of the view that the accused Smti. Saheda Khaton@ Shahida Khatun is entitled to default bail under Section 187(3)(ii) of BNSS, 2023 as she has an indefeasible right to be released on bail. 10. Accordingly, the accused Smti. Saheda Khaton@ Shahida Khatun, shall be released on bail upon furnishing appropriate surety to the satisfaction of learned Special Court, NDPS, Yupia. 11. Accordingly, the bail application stands allowed and disposed of. JUDGE Comparing Assistant