Page No.# 1/3 GAHC010023172026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./350/2026 SAMSUDDIN ALI S/O TAZNUR ALI VILL- SAPKATA P.S. MUKALMUA DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S ISLAM, MR. R ISLAM,S RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19.02.2026 Heard Mr. S. Islam, learned counsel for the accused-applicant. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application under Section 483 of BNSS, 2023, praying for granting bail Page No.# 2/3 to the accused-applicant in connection with Mukalmua P.S. Case No. 623/2021, registered under Sections 21(b)/29 of the NDPS Act, pending before the Court of learned Special Judge (NDPS), Nalbari. 3. The case relates to recovery of 8.04 grams of suspected Brown Sugar from the possession of the accused-applicant. 4. The police registered Mukalmua P.S. Case No. 623/2021, under Sections 21(b)/29 of the NDPS Act, wherein the trial is still going on before the Special Judge (NDPS), Nalbari in NDPS Case No. 43/2021. 5. The learned counsel appearing for the accused-applicant submits that all the PWs have already been examined, except the Forensic Expert and the accused-applicant has already been inside jail for the last 163 days. He submits that taking into account his detention as well as of the fact that all important witnesses have already been examined, further detention of the accused-applicant in custody is not required in the case. Therefore, he submits that the accused-applicant should be granted bail at this stage. 6. Mr. Barua, learned Addl. P.P., on the other hand, submits that the accused-applicant is implicated in other NDPS cases also and he is a habitual offender. Therefore, the accused-applicant should not be granted bail at this stage. 7. This Court has heard the submissions made by the counsel appearing for the respective parties and also perused the case records. 8. Taking into account the fact that the accused-applicant has already spent 163 days behind the bar for allegation of recovery of an intermediate quantity of Brown Sugar as well as that all important PWs have already been examined, this Court is of the considered opinion that the accused-applicant should be granted bail at this stage. Accordingly, it is directed that the accused-applicant to be released forthwith on bail on furnishing of bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with surety of like nature to the satisfaction of the learned Special Judge (NDPS), Nalbari, subject to the Page No.# 3/3 following conditions:- (i) that the accused-applicant shall appear before the Trial Court as and when required and fully cooperate with the Trial; (ii) that the accused-applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court; (iii) that the accused-applicant shall not tamper with the evidence nor hamper the investigation in any manner whatsoever; 9. In view of the aforesaid directions, this Bail Application stands disposed of, as allowed. JUDGE Comparing Assistant