Page No.# 1/3 GAHC010042912025 2025:GAU-AS:3380 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./556/2025 SAFIKUL ISLAM ALIAS SHAFIQUL ISLAM S/O- LATE HUSSAIN ALI, R/O- VILLAGE HERAPATTY, P.S- NAGAON, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MR. A K SAIKIA, MR. R K PRADHAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 25-03-2025 Heard Mr. A. K. Saikia, learned counsel for the petitioner and Mr. M P Goswani, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Safikul Islam @ Shafiqul Islam, son of late Hussain Ali, resident of Village-Herapatty, Police Station-Nagaon, District-Nagaon, Assam has filed this application under Section 483 BNSS, 2023, on 25.02.2025 seeking bail in Nagaon Police Station Case No.944/2024 corresponding to G.R. No. 3280/2024 registered under Section Page No.# 2/3 61(2)/123 BNS, 2023, read with Section 22(c) of the NDPS Act, in which he was arrested on 25.09.2024 and is in custody since then. 3. Matter relates to recovery of 27 numbers of 100 ml each, U-FIT Triprolidine Hydrochloride and Codine Phosphate Syrup having Batch No. TBHZ0758 wrapped in a big polythene in a carry bag from the handle of the motor cycle that was being driven by the petitioner. 4. This is one of such cases, where the prosecution failed to submit the charge-sheet within the stipulated period for non-receipt of FSL report within the time. 5. It is submitted that since 25.09.2024 the petitioner is in custody and he has already completed the statutory period of 182 days in custody today and that the prosecution has not filed any charge sheet in the case till date. 6. On being enquired, Mr. Goswami, learned Addl. PP, Assam submitted that the case diary is with him and the charge sheet in said Nagaon P.S. Case No.944/2024 has not been filed till date due to non receipt of FSL report of the seized items in the case. 7. Since 25.09.2024, the petitioner is in custody till date for about 182 days. In view of the above, the petitioner is entitled for his default bail in said Nagaon P.S. Case No.944/2024. 8. Accordingly, the petitioner, namely, Safikul Islam @ Shafiqul Islam, son of late Hussain Ali is granted default bail in said Nagaon P.S. Case No.944/2024 on furnishing a bail bond of Rs. 75,000/- with two local sureties each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Nagaon on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Nagaon P.S. Case No.944/2024 as and when he is required for necessary investigation of said Nagaon P.S. Case; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Nagaon on or before 04.04.2025; (iii) shall not leave the territorial jurisdiction of the Nagaon Police Station, without obtaining prior written permission from the learned Special Judge (NDPS), Nagaon; Page No.# 3/3 (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (vi) shall not indulge himself in any criminal activities including possession or procurement, transportation and selling etc., of such NDPS items. (vii) in the event of filing the charge-sheet against the petitioner in said Nagaon P.S. Case No.944/2024 corresponding to G.R. No. 3280/2024, he shall appear before the concerned Trial Court, i.e., the Court of learned Special Judge (NDPS), Nagaon on the dates fixed and shall participate in the trial of the said case, without fail till its conclusion. 9. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Nagaon P.S. Case No.944/2024 shall stand automatically vacated. 10. This bail application accordingly stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant