Page No.# 1/3 GAHC010016722025 2025:GAU-AS:3519 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./243/2025 SRI JIBAN BISWAS S/O SRI NAGEN BISWAS, R/O SOONDOOBA TOOP, P.S. BHURAGAON, DISTRICT MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALI, MD. ANARUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26-03-2025 Heard Mr. M. Ali, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Jiban Biswas, son of Sri Nagen Biswas, resident of Village-Soondooba Toop, Police Station-Bhuragaon, District-Morigaon, Assam has filed this application on 27.01.2025 under Section 483 BNSS, 2023 seeking bail in Special Page No.# 2/3 (NDPS) Case No.75/2024 arising out of Bhuragaon P.S. Case No.74/2024, registered under Sections 20(b)(ii)(c)/25/29 NDPS Act, corresponding to G.R. No.1050/2024, in which he was arrested on 25.08.2024 and is in custody since then. 3. It is submitted that presently, the trial of the said Special (NDPS) Case No.75/2024 arising out of Bhuragaon P.S. Case No.74/2024 is under process in the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Morigaon. 4. Matter relates to recovery of 40.860 Kgs of Ganja along with cash amount of Rs.1,26,300/- from the conscious possession of the petitioner. 5. By order dated 14.02.2025, the record of said Special (NDPS) Case No. 75/2024 along with the records of Bhuragaon P.S. Case No.74/2024 was called for. 6. It is also seen that after filing of the charge sheet in said Bhuragaon P.S. Case No.74/2024, the said case was registered as Special (NDPS) Case No.75/2024 before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Morigaon. 7. It is also seen from the records that after filing of charge-sheet on 30.11.2024 in the case, the learned Special Judge (NDPS)-cum-Sessions Judge, Morigaon in said Special (NDPS) Case No.75/2024 by order dated 24.02.2025 framed charge under Sections 20(b)(ii)(C)/25 of the NDPS Act against the petitioner, during which the petitioner pleaded not guilty and claimed to be tried. 8. The Hon’ble Apex Court in a catena of decisions have held that when the matter relates to serious offences, like rape, murder, dacoity as well as in NDPS Act, once the trial commences and the prosecution starts examining its witnesses, the Court, being the Trial Court or the High Court should be loath in entertaining the bail applications of the accused. 9. Moreover, it is also seen from the records of the case that the petitioner was arrested on 25.08.2024, charge-sheet in the case was filed on 30.11.2024 charge in the case was framed on 24.02.2025 and the trial of the case is progressing and as on Page No.# 3/3 10.03.2025, the learned Trial Court have recorded the evidence of one prosecution witness and 05.04.2025 is the next date fixed for recording of evidence of other witnesses. 10. It is not the case of the petitioner that due to inordinate delay he is in custody and languishing in jail for long as the trial of the case did not progress. 11. Considering the materials in the records and the recovery of 40.860 Kgs of Ganja from the conscious possession of the petitioner, this Court is of the view that it is not a fit case to grant bail to the petitioner in said Special (NDPS) Case No.75/2024 arising out of Bhuragaon P.S. Case No.74/2024, presently pending before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Morigaon. 12. Accordingly, this bail application of the petitioner, namely, Jiban Biswas, son of Sri Nagen Biswas in said Special (NDPS) Case No.75/2024 arising out of Bhuragaon P.S. Case No.74/2024 stands rejected. JUDGE Comparing Assistant