Page No.# 1/4 GAHC040017772024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/131/2024 Md Sahnur Alom Son of Siradul Islam, resident of Village Sonapur reserve Gaon, PO Sonapur, PS Bihpuria, District North Lakhimpur, Assam and presently residing at Helipad, near Sunday Market, Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Geba Lomi, R Karga,D Sora,A Timung Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30-01-2025 Heard Mr. D. Sora, learned counsel for the applicant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 (BNSS) has been filed for seeking bail of the accused, namely, Md. Asadul Islam, in connection with Naharlagun P.S. Case No. 85/2024, under Sections 21(b)/25/27A/29 of NDPS Act, 1985. The accused has been detained behind the bars since 29.07.2024 [for last 185 (One Hundred Eighty Five) days]. 3. The gist of accusation, in this case, is that on 29.07.2024 one Krishnendu Dev, Inspector of Police had lodged an F.I.R. before the Officer-in-Charge of Naharlagun Police Station, inter alia, alleging that on that day at about 1000 hours, a secret information was received regarding possession of prohibited drugs with some drug addicts. Accordingly, a search was conducted and 5 (five) number of accused persons, including the above-named accused, were apprehended with 10 gms of suspected heroine and 51 (Fifty-One) numbers of empty vials were recovered from them. 4. Th learned counsel for the accused has submitted that the above named accused has already undergone 185 (One Hundred Eighty Five) days of custodial detention and the investigation has not yet been completed, hence, he submits that in terms of the provisions of Section 36A(4) of the NDPS, Act, 1985, the above named accused is entitled to get default bail. 5. On the other hand, Ms. L. Hage, learned Additional Public Prosecutor has produced the Case Diary of Naharlagun P.S. Case No. 85/2024 and has fairly submitted that as the investigation has not yet been completed, the above- named accused would be entitled to get the benefit of Section 36A (4) of the NDPS, Act, 1985. 6. I have considered the submissions made by the learned counsels for both the sides and have gone through the materials on record, including the Case Page No.# 3/4 Diary of the Naharlagun P.S. Case No. 85/2024. 7. It appears that though the quantity of contraband seized in this case is less than commercial quantity, however, as Section 27A of the NDPS, Act, 1985 is also involved in this case, hence, the embargo of Section 37 would be applicable to this case. However, it appears that the accused has already been detained behind the bars for more than 185 (One Hundred Eighty Five) days and the investigation has not yet been completed. Hence, in view of the provisions contained in Section 36 A(4) of the NDPS Act, 1985, the above named accused in entitled to get statutory default bail. 8. In view of above, the accused person, namely, Md. Asadul Islam (in connection with Naharlagun P.S. Case No. 85/2024, under Sections 21(b)/25/27A/29 of NDPS Act, 1985), is hereby allowed to go on bail, on furnishing a bail bond of Rs.50,000/- (Fifty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge (NDPS), Yupia, subject to the following conditions: (i). That the accused persons 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 him from disclosing such facts either to the Investigating Officer or to the Court; and (ii). That the accused persons shall co-operate in the investigation of the case and appear before the Investigating Officer as and when called for. 9. With the above observation, this bail application is disposed of. Page No.# 4/4 10. Send back the Case Diary. JUDGE Comparing Assistant