Page No.# 1/3 GAHC010014592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./202/2025 TAIBUR RAHMAN S/O ABDUL HAMID, R/O KALGACHIA, P.S. KALGACHIA, DISTRICT- BARPETA, ASSAM PIN- 781319 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. F A HASSAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.01.2025 Heard Mr. F.A. Hassan, learned counsel for the accused and Mr. K.K. Parasar, learned Additional Public Prosecutor for the state respondent. 2. This application under Section 483 of the BNSS, 2023, is preferred by accused, namely, Taibur Rahman, who has been languishing in jail hazot, in Page No.# 2/3 connection with Basistha P.S. Case No. 856/2024, under Section 21(b) of NDPS Act, for grant of bail. 3. It is to be noted here that, above noted case has been registered on the basis of an FIR lodged by one, Tirtha Deka S.I.(P) of Basistha Police Station on 29.11.2024. The essence of allegation, against the accused is that 20.91 grams of suspected heroine was recovered from his possession on 29.11.2024 at about 1.30 at Basistha flyover bridge seized the same from the witnesses. 4. Mr. Hassan, learned counsel for the accused submits that the accused is behind the bar for last 54 days and no charge-sheet has been submitted and quantity of the contraband substances recovered from the alleged possession of the accused is of 20.91 grams which is of intermediate quantity and the accused is ready to co-operate with the investigating agency and therefore, it is contended to allow this petition. 5. On the other hand, Mr. Parasar, learned Additional Public Prosecutor obtain instruction from the Officer-In-Charge of concerned Police Station, and submits that charge-sheet has not yet been submitted as the FSL report has not yet been received. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record. It appears that, the accused was arrested on 29.11.2024, and forwarded before the learned CJM, Kamrup(M) at Guwahati on 30.11.2024, and since then he has been languishing in jail hajot for last 54 days and admittedly, no charge-sheet has been submitted till date. The quantity of contraband substance recovered from his possession is of intermediate quantity and as such, the mandatory period of detention is of 60 days. Page No.# 3/3 7. Taking note of and also taking note of the learned Advocates of both sides, this Court is inclined to allow this petition. 8. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- one surety of like amount to the satisfaction of the learned Special Judge(NDPS), Kamrup(M), the accused shall be enlarged on bail. 9. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant