Page No.# 1/2 GAHC010024012025 2025:GAU-AS:2540 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./358/2025 SAHAB ALI S/O LT. MAHARUM ALI R/OVILL/TOWN- GURKUCHI,P.S.RANGIA, SUB-DIV.- KAMRUP, DIST. KAMRUP,ASSAM PIN-781354 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S RAHMAN, J S AHMED,MR A IKBAL,MR. SK S N MOHAMMAD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 10.03.2025 1. Heard Mr. S. Rahman learned counsel for the petitioner Sahab Ali. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/2 Sanhita, 2023 with prayer for bail as he is behind bars since 04.06.2023 in connection with Special NDPS Case No. 37/2023 arising out of Rangia P.S. Case No. 323/2023 under Sections 17(C)/29/27(A) of the NDPS Act. 3. Also heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State. 4. It is submitted on behalf of the petitioner that petitioner has been languishing in the jail for 1 year 9 months. Only 4 out of enlisted 9 witnesses have been examined so far. Not a single witness has implicated the petitioner. Thus, even, as per Section 37 of the NDPS Act, the petitioner is entitled to bail. 5. Learned Additional Public Prosecutor has raised serious objection stating that 3.5 kgs of opium was transported by this petitioner. The rigours of Section 37 of the NDPS Act acts as an embargo against this bail application. 6. I have scrutinized the Trial Court Records. Trial is progressing at a regular pace. 4 out of 9 witnesses have already been examined. It cannot be considered, atleast at this stage of the trial that the petitioner’s right to personal liberty has been breached as the learned Trial Court as well as the prosecution has procrastinated the trial. It is true that trial is dragging, but it cannot be stated that the Court or the prosecution has procrastinated the trial. The prime witnesses are yet to be examined. 7. At this juncture, the Court is hesitant to grant bail to the petitioner. Petition stands rejected at this stage. However, the petitioner is at liberty to file a subsequent bail application if trial is procrastinated any further by the Court or by the prosecution. 8. The learned Trial Court is directed to expedite the trial for speedy disposal of this case. JUDGE Comparing Assistant