Page No.# 1/4 GAHC010011562025 2025:GAU-AS:2119 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./187/2025 CHERLY RYNGKHLEM S/O JEWELDKHAR DEMTHRONG, R/O UMLONG,P.S. UMLONG DIST. THANDLASKEIM, JAYANTI HILLS, MEGHALAYA. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. L MOHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 28.02.2025 Heard Mr. J I Borbhuiya, learned counsel for the petitioner and Mr. P Borthakur, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Cherly Ryngklem, son of Jewel Dkhar Demthrong, resident of village-Umlong, P.S.-Umlong, District-Thandlaskeim, Meghalaya has filed this application on 20.01.2025 under Section 483 BNSS, praying for his bail in NDPS Case No. 85/2023 Page No.# 2/4 arising out of Gorchuk Police Station Case No. 35/2023 under Sections 21(C)/29 of the NDPS Act, pending before the Court of learned Special Judge (NDPS) cum Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati, in which he was arrested on 09.02.2023 and is in custody since then. 3. As per the FIR dated 09.02.2023 lodged before the Officer-in-Charge of Gorchuk Police Station the case is that on receipt of credible information in the evening around 6:30 PM on 09.02.2023 itself that huge quantity of suspected NDPS item was being carried from Meghalaya so as to transport and sell it in different places of Assam, the same was entered into as Gorchuk Police Station G.D.E. No. 206/2023 dated 09.02.2023 and duly authorized police personnel from Gorchuk Police Station proceeded to the relevant place to do the needful. Though the police personnel tried to locate the Alto Car bearing Registration No. ML- 04-D-2599 that was supposed to come down to Guwahati through Lokhra Chariali to sell the NDPS item, they initially could not locate the said vehicle. After some time they got the information that the persons involved in the case took an alternate route instead of the way they were supposed to follow and by another way they proceeded towards Azara side to sell the NDPS item. The matter was informed to Azara Police Station and with the help of police personnel from Azara Police Station, the authorities of Gorchuk Police Station while making search got the information that the accused persons took shelter in a house near Airport road at Azara along with their private vehicle. The said Alto Car bearing Registration No. ML- 04-D-2599 was found in a house of one Saru Baruah. When the police personnel entered the house of said Saru Baruah, they found two suspected men and two women inside their rental house along with their said private vehicle in the house of said Saru Baruah. While police made initial interrogation in their said rented house, the accused persons failed to answer firmly. After making search, including body search of those four persons in presence of independent witnesses, it was found that those four persons kept concealed 19 Nos. of soap boxes in the backside of the balcony of their said rented house. From the 19 soap boxes, it was found that each box contained one transparent polythene packet containing brown and white mixture colour powdery substance, suspected to be Heroin, in total weighing 237 Grams. During such search, another green colour packet containing one white colour polythene packet was found with raw materials of brown sugar, weighing 843 Grams. All Page No.# 3/4 those were accordingly seized along with their Mobile Phones, SIM Cards, the concerned Alto vehicle and cash of Rs. 4,380/-. The four accused persons including the present petitioner were apprehended and brought to Gorchuk Police Station. During inventory it was found that the 19 Nos. of soap boxes seized in the case contained 237 Grams of suspected Heroin and 843 Grams of raw materials of suspected brown sugar. 4. The FSL report dated 08.05.2023 relating to the seized NDPS items confirmed the presence of 84.28% Heroin and the other powdery substance was found to be Methamphetamine, both scheduled NDPS items. 5. Police after investigation of the case submitted charge-sheet in said Gorchuk Police Station Case No. 35/2023 on 09.06.2023 and thereafter, said Gorchuk P.S. Case No. 35/2023 was renumbered as NDPS Case No. 85/2023. On 19.07.2023 the learned Special Judge (NDPS) cum Sessions Judge No. 2, Kamrup (Metro), Guwahati took cognizance of the offence against the accused persons of the said case including the present petitioner under Sections 21(b)/22(c)/29 of the NDPS Act and by order dated 11.03.2024 framed charge under Sections 21(C)/29 of the NDPS Act against the petitioner and the other three accused persons of the case. 6. Mr. J I Borbhuiya, learned counsel for the petitioner submitted that the petitioner is languishing in jail since 10.02.2023 and is suffering from Tuberculosis and other health ailments and that considering his detention since 10.02.2023, the petitioner should be considered for his bail. 7. Mr. P Borthakur, learned Additional Public Prosecutor, Assam placed before the Court that the petitioner was earlier arrested in NDPS Case No. 25/2018 arising out of Gorchuk Police Station Case No. 409/2017 under Sections 21(b)/29 of the NDPS and was released on bail in Bail Application No. 3899/2024. 8. It is seen that out of four accused persons of the case, two including the petitioner are from Jaintia Hills District, Meghalaya and two are from Imphal West District, Manipur. 9. It is also seen that because of the health issues of one or the other accused persons of the case including the petitioner, the trial of the case did not progress much. The petitioner Page No.# 4/4 was last found to be suffering from Tuberculosis and was admitted at LGB Chest Hospital, Guwahati. After staying in the hospital for some time and on getting treatment, the petitioner has recovered now. 10. It is already found that the petitioner is also an accused for similar offence in another Gorchuk Police Station Case, being Gorchuk P.S. Case No. 409/2017. 11. For such reasons, the Court is of the view that it cannot be said that that right of the accused petitioner to have a speedy trial has been infringed. 12. From the case records, it is also seen that there are only 7 named persecution witnesses in the charge-sheet and said NDPS Case No. 85/2023 is now fixed for recording of evidence of the prosecution witnesses. 13. After hearing the learned counsels for the parties and considering the recovery of 237 Grams of suspected Heroin and 843 Grams of raw materials of suspected brown sugar from the conscious possession of the petitioner and his involvement in similar NDPS case earlier, as noted above, this Court is of the view that the custodial detention of the petitioner since 09.02.2023 cannot be considered for his bail in said NDPS Case No. 85/2023. 14. For the reasons above, this bail of the petitioner, Cherly Ryngklem, son of Jewel Dkhar Demthrong, in said NDPS Case No. 85/2023 arising out of Gorchuk Police Station Case No. 35/2023, pending before the Court of learned Special Judge (NDPS) -cum- Sessions Judge No. 2, Kamrup (Metro), Guwahati, stands rejected. JUDGE Comparing Assistant