Page No.# 1/3 GAHC010017672025 2025:GAU-AS:6022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./120/2025 BIJOY KUMAR NATH AND 2 ORS S/O BINOD CHANDRA NATH R/O BARAIGRAM P.S. PATHARKANDI DIST. KARIMGANJ, ASSAM PIN- 788710 2: RASHID AHMED S/O LATE ABDUL HAMID R/O BARAIGRAM P.S. PATHARKANDI DIST.KARIMGANJ ASSAM PIN-788710 3: UTTAM NAMASUDRA S/O KHAGENDRA NAMASUDRA R/OBARAIGRAM P.S.PATHARKANDI DIST. KARIMGANJ ASSAM PIN-78871 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS A BORAH,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2025 1. Heard Mr. S. C. Biswas, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of the NDPS Case No.139/2024, pending in the Court of learned Special Judge, Cachar, Silchar. 3. The petitioner Bijoy Kumar Nath is the owner of a pharmacy called Ritika Pharma. The other two petitioners are his employees. The petitioner Bijoy Kumar Nath having license to stock drugs, he ordered supply of cough syrups from Kia Pharma, Gujrat, money was paid to that company through Panjub National Bank, when the vehicle bearing the cough syrups was coming from Gujrat to Silchar, Police stopped the said vehicle and seized the entire stock cough syrups. 4. Presently, Police has filed the Charge-Sheet and the trial is going on. 5. Considering the circumstances as shown by the petitioner, this Court is of the opinion that keeping these petitioners in custody will not serve any purpose. They are in custody since 07.06.2024. 6. Therefore, the petitioners Bijoy Kumar Nath, Rashid Ahmed, Uttam Namasudra, who are facing trial in NDPS Case No.139/2024, in the Court of the learned Special Judge, Cachar, Silchar shall be released on bail of Rs.20,000/- each with a surety of like amount with the satisfaction of the learned Special Judge, Cachar, Silchar. Page No.# 3/3 7. So far as the prayer for quashing of the entire proceedings is concerned, this court is of the opinion that the trial is now going on and the prosecution should be given some opportunity to prove their case. 8. The petitioners shall also contest the case before the Trial Court. 9. Therefore, the prayer for quashing is not found to be satisfactory at this stage and the present Criminal Petition is closed and disposed of. JUDGE Comparing Assistant