Page No.# 1/3 GAHC010008022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./134/2025 KHALIL AHMED S/O MAZAM ALI, RESIDENT OF VILLAGE ROUMARI, PS TARABARI, DIST BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.01.2025 Heard Mr. B. Chowdhury, learned counsel for the accused and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the B.N.S.S., is preferred by accused namely, Khalil Ahmed, who has been languishing in jail hazot, in connection with the Mukalmua P.S. Case No. 367/2024, under Section 22(b) of the N.D.P.S. Act, for granting bail. 3. It is to be noted here that the said case has been registered on the Page No.# 2/3 basis of one F.I.R. lodged by S.I. (U.B.) Tridip Kumar Bora, on 28.11.2024. The essence of allegation in the F.I.R. against the accused is that he is involved in illegal trade of narcotic drugs at Daulasal and during search, 293 numbers of dicyclomine hydrochloride, tramadol hydrochloride and acetaminophen capsules were recovered from his possession. 4. Mr. Chowdhury, learned counsel for the accused submits that the accused was arrested on 28.11.2024, and since then he has been languishing in jail hazot for last 61 days. Mr. Chowdhury further submits that the mandatory period of detention under Section 22(b) of the N.D.P.S. Act, is 60 days and today is the 61th day of his detention in jail hazot and till date no charge sheet has been submitted by the I.O. and as such, he is entitled to default bail. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor fairly submits that no charge sheet has been submitted till date. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record. 7. It appears that the accused was arrested on 28.11.2024, and since then he has been languishing in jail hazot for last 61 days and till date no charge sheet has been submitted by the I.O. As the case has been registered under Section 22(b) of the N.D.P.S. Act, the mandatory period of detention is 60 days and today is the 61th day of his detention in jail hazot and as no charge sheet has been submitted by the I.O. till date, the accused is entitled to default bail under Section 187(3) of the B.N.S.S. 8. Accordingly it is provided that on furnishing his bond of Rs. 50,000/- only with one surety of like amount to the satisfaction of the learned Special Judge, NDPS, Nalbari the accused be enlarged on bail. Page No.# 3/3 9. In terms of above this B.A. stands disposed of. JUDGE Comparing Assistant