Page No.# 1/4 GAHC010029182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./419/2025 RAMJAN ALI S/O LATE ABDUL MATIN, R/O VILLAGE BASHBERA, P.S MISSAMARI, DISTRICT SONITPUR, ASSAM, VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, MS. M MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 24.03.2025 Heard Mr. I Hussain, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Md. Ramjan Ali, son of late Abdul Matin, resident of village- Bashbera, P.S.-Missamari, District-Sonitpur has filed this application under Section 483 BNSS, praying for his bail in Special NDPS Case No. 96/2024 pending before the Court of the learned Special Judge (NDPS), Sonitpur, Tezpur arising out of Rangapara Police Station Page No.# 2/4 Case No. 38/2024 under Section 20(b)(ii)(c) of the NDPS Act, corresponding to G.R. No. 486/2024, in which he was arrested on 01.06.2024 and is in custody since then. 3. By order dated 18.02.2025, the Court called for the relevant records of said in Special NDPS Case No. 96/2024, from the Court of the learned Special Judge (NDPS), Sonitpur, Tezpur. 4. As per the FIR dated 31.05.2024 lodged before the Officer-in-Charge of Rangapara Police Station, the case is that on receipt of specific information that the petitioner is carrying huge quantity of Ganja from Thelamara towards Rangapara via Kalakuchi in a Pulsar 150 Motorcycle bearing Registration No. AS12AB5196, the said information was accordingly entered into Missamari Police Station General Diary vide GDE No. 07 dated 31.05.2024. Thereafter, police personnel from Missamari Police Station with due authorization by forming a team proceeded to Kalakuchi centre along with digital weighing machine and necessary drug investigation kit etc. A Naka checking was made at Kalakuchi centre of Missamari and after some time the petitioner was found coming from Thelamara side in his Pulsar bike carrying large size bags. Though the petitioner was asked to stop his bike, initially he fled away and after chasing him for some time when he reached No. 1 Bahumari under Rangapara Police Station a blank fire was made by the police personnel so that the petitioner would stop his bike and somehow the police managed to apprehend the petitioner with his bike and the large bag. During search of his motorcycle and his person in presence of independent witness, 23.386 Kgs of suspected Ganja was recovered from the possession of the petitioner. 5. Accordingly, the said FIR dated 31.05.2024 was registered as Rangapara Police Station Case No. 38/2024 under Sections 20(b)(ii)(c) of the NDPS Act, corresponding to G.R. No. 486/2024. 6. The petitioner was produced before the learned Chief Judicial Magistrate, Sonitpur, Tezpur on 01.06.2024 and since then he is in custody. 7. It is seen that the FSL report dated 05.08.2024 affirmed that the seized substances recovered from the possession of the petitioner to be Cannabis (Ganja). Page No.# 3/4 8. Police after completion of investigation of the case submitted charge-sheet on 30.09.2024 in said Rangapara P.S. Case No. 38/2024 under Section 20(b)(ii)(c) of the NDPS Act. 9. From the case records, it is seen that after filing of the charge-sheet in said Rangapara P.S. Case No. 38/2024, the same was numbered and registered as Special NDPS Case No. 96/2024 before the Court of the learned Special Judge (NDPS), Sonitpur, Tezpur and on 08.11.2024, the learned Special Judge (NDPS), Sonitpur, Tezpur took cognizance of the offence under Section 20(b)(ii)(C) of the NDPS Act. 10. After serving copy and hearing, the Court of learned Special Judge (NDPS), Sonitpur, Tezpur on 21.01.2025 framed charge under Sections 20(b)(ii)(C) of the NDPS Act against the petitioner and issued summons to the witnesses, fixing 07.03.2025 for recording of evidence of the prosecution witnesses. 11. As per the charge-sheet of the case, there are 11 named prosecution witnesses in said Rangapara P.S. Case No. 38/2024. 12. It is seen that on 07.03.2025 summons issued to the prosecution witnesses returned un-served and as such, summons were issued again, fixing the matter on 19.04.2025 for evidence of the prosecution witnesses. 13. Considering the above, this Court is of the opinion that the right of the petitioner under the Constitution to have fair and speedy trial has not been infringed, as the trial of the case is progressing. 14. Considering the materials in the case records and recovery of 23.386 Kgs of Ganja from the possession of the petitioner which has been affirmed by the FSL report dated 05.08.2024, noted above, this Court is of the view that detention of the petitioner since 01.06.2024 cannot be considered for his bail in said Special NDPS Case No. 96/2024. 15. Accordingly, the bail of the petitioner, Md. Ramjan Ali, son of late Abdul Matin, in said Special NDPS Case No. 96/2024 arising out of Rangapara P.S. Case No. 38/2024 pending before the Court of the learned Special Judge (NDPS), Sonitpur, Tezpur, stands rejected. Page No.# 4/4 16. This bail application accordingly stands disposed of. JUDGE Comparing Assistant