Page No.# 1/3 GAHC010052632025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./731/2025 JAHIR HUSSAIN S/O ZAMAT ALI, RESIDENT OF ATHGAON FACTORY, PS BHARALUMUKH, DIST. KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. N.A. BEGUM, MR A RAHMAN,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 10.04.2025 Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. By this application filed under section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraskha Sanhita, 2023, the accused petitioner namely, Jahir Hussain, has prayed for bail in connection with Bhangagarh P.S. case No. 38/2025 under Section 22 of NDPS Act 1985. 3. It has been submitted by the learned counsel for the petitioner that the petitioner has been detained in custody for last 57 days since his arrest on 13.02.2025. It is also submitted that suspected Nitrazepam tablet was recovered from the possession of the petitioner which appears to be small quantity. Considering the length of detention as well as the background of the case, the petitioner may be enlarged on bail. 4. Mr. Kaushik, learned Additional Public Prosecutor for the State has produced the case diary without FSL report and submits that contraband item (Nitrazepam tablet) was recovered from the possession of the petitioner. It is also submitted that FSL report is required before consideration of the bail prayer of the petitioner. 5. I have considered the submissions made by the parties. I have also perused case diary. 6. The case diary reveals that the matter is pending for collection of the FSL report. It also appears that neither the seizure list nor the inventory did mention the total weight of the contraband allegedly recovered from the conscious possession of the petitioner. While it is an admitted fact that 71 Nitrazepam tablets were recovered in connection with this case, the absence of the weight in the case diary makes it difficult to ascertain under which specific section of the NDPS Act the case would fall i.e. Section 22(a)/22(b)/22(c). Page No.# 3/3 7. In view of the above, considering the length of detention, this Court is inclined to grant bail to the petitioner. 8. Accordingly, the petitioner, named above, shall be released on bail in connection with Bhangagarh P.S. case No. 38/2025 under Section 22 of NDPS Act 1985, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount to the satisfaction of learned Special Judge, Kamrup(M), Guwahati, Assam. 9. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup(M), Assam without prior written permission from him/her; (b) 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 him from disclosing such facts to the Court; (c) shall not commit such offence as alleged in the FIR in future. 10. Breach of any of the above condition(s), shall tantamount to cancellation of bail. 11. In the view of the above, the bail application stands disposed of. 12. Send back the case diary. JUDGE Comparing Assistant