Page No.# 1/4 GAHC010061292025 2025:GAU-AS:5111 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./938/2025 MD RAJIBUL ISLAM S/O- ABDUL HASHIM, R/O- VILL- ISLAMPUR BESAPATTY, PO KUTUBPUR, PS- LALUK, DIST- LAKHIMPUR, ASSAM, PIN- 787054 VERSUS THE STATE OF ASSAM REP BY THE learned PP, ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN, H M I HOQUE,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 28.04.2025 Heard Mr. A.I. Uddin, learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State respondent. 2. This application is filed under Section 483 of the BNSS, 2023 Page No.# 2/4 praying for granting bail to the petitioner, i.e. Md. Rajibul Islam, who has been in custody since 28.02.2025 in connection to Laluk PS Case No.43/2025 registered under Section 21(b)/29 of the NDPS Act, 1985. 3. The facts of the case is that on 24.11.2024, an FIR was lodged alleging, inter-alia, that on 27.02.2025, the police based on a secret information after making GD entry, conducted a Naka Checking at Harmuty area and during such checking, the police intercepted a white colour Dutsen Redigo vehicle bearing registration No. AS-07 T-9803 from where 7 (seven) numbers of soap boxes were recovered which contained light orange colour suspected heroin totaling of 80 (eighty) grams. Accordingly, a case was registered under Section 21(b)/29 of the NDPS Act, 1985, against the petitioner. 4. Accordingly, the petitioner was arrested on 27.02.2025 and on the next day, i.e. 28.02.2025 he was forwarded to the Court of learned Special Judge, Lakhimpur, wherefrom, he was remanded to the judicial custody and since then he has been languishing in jail Hajot. 5. Mr. A.I. Uddin, learned counsel appearing for the petitioner submits that the petitioner is innocent and in no way involved with the alleged commission of crime and that he was arrested on mere suspicion and during police custody, he was subjected to severe torture by the Police Officer of higher rank which made him make self implicating statements. 6. He further submits that mandatory period of 60 days is going to end tomorrow and the quantity recovered is very less. He accordingly Page No.# 3/4 prays for releasing the petitioner on bail. 7. Per contra, Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State respondent fairly submits that the quantity of the narcotic substances is of intermediate quantity and since the mandatory period of 60 days is coming to an end tomorrow and the case diary being available in Court, the charge-sheet is unlikely to be filed by tomorrow, i.e. within the mandatory period. 8. I have heard the learned counsel appearing for both the parties and have perused the material available on records including the case diary. 9. It appears that the petitioner has been languishing in jail since last 59 days. It further appears that the charge-sheet is unlikely to be filed by tomorrow within the mandatory period in as much as the case diary is in Court. It further appears that the quantity of the contraband articles seized is of intermediate quantity. 10. Considering the totality of the facts and circumstances of the case and especially that contraband articles seized is of intermediate quantity, this Court is of the considered opinion that further detention of the petitioner is not justified. 11. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail bond of Rs. 50,000/- with one government and one local surety of like amount as submitted by the learned counsel for the accused petitioner to the satisfaction of the learned Special Judge, Lakhimpur, subject to the following condition:- Page No.# 4/4 (a) shall not leave the territorial jurisdiction of jurisdictional learned Special Judge, under the NDPS Act, without prior written permission from him; (b) shall deposit his Passport/visa, etc if any, in the court of the learned jurisdictional Special Judge; (c) shall not hamper with the investigation, or tamper with the evidence of the case; (d) 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 or to any police officer; and (e) shall appear before the Investigating Police Officer once in a week until the entire investigation of the case is completed and as and when called by the Investigating Police Officer for the purpose of investigation of the case. 12. It is needles to be clarified that the breach of any of the above conditions shall render cancellation bail in accordance with law. Resultantly, the Bail Application stands disposed of. JUDGE Comparing Assistant