Page No.# 1/4 GAHC010141922026 2026:GAU-AS:10434 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1921/2026 ASHADUL ALI SON OF MOHAMMAD ALI, RESIDENT OF JYOTI NAGAR, WARD NO.6, BOKAJAN, P.S.- BOKAJAN, DISTRICT- KARBI ANGLONG, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.07.2026 Heard Mr. N. Ahmed, learned counsel for the accused and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the BNSS, is preferred by the accused, namely Ashadul Ali, who has been languishing in jail hazot since 01.05.2025, in connection with Chungajan PS Case No. 03/2025, under Page No.# 2/4 Sections 21(c)/29 of the NDPS Act, for granting bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by SI Monuj Hatimuria of Chungajan PS, on 01.05.2025. 4. The essence of allegation in the FIR is that acting on a tip-off, Chungajan PS GD Entry No. 08, dated 01.05.2025, was recorded and at about 05:05 pm, during Naka checking, the informant and the staffs of Chungajan Police Station intercepted one Bolero vehicle, bearing registration No. AS-09-J- 4868 and apprehended one person, namely Ashadul Ali. During the course of checking of the vehicle, they have recovered 49 numbers of shop boxes, containing 671.92 grams of suspected heroin, concealed behind the backseat of the said vehicle. 5. Mr. Ahmed, learned counsel for the accused, submits that the accused was arrested on 01.05.2025 and since then he has been languishing in jail hazot for more than a year. Mr. Ahmed further submits that after completion of investigation, the charge sheet has been submitted against the accused and that the charge has been framed against him under Sections 21(c)/29 of the NDPS Act. Mr. Ahmed also submits that the trial is yet to be completed and that the accused is ready to face the trial and he will appear before the court on each and every date and therefore, it is contended to allow the petition. 6. On the other hand, Mr. Lahkar, learned Additional Public Prosecutor for the State respondent, submits that in the case in hand, trial is about to complete and out of 8 witnesses, cited in the charge-sheet, 7 witnesses have already been examined and their evidences clearly show the complicity of the accused with the offence alleged and therefore, Mr. Lahkar has contended to Page No.# 3/4 dismiss this petition. 7. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also perused the scanned copy of the record received from the learned trial court. 8. It appears that the trial is at the verge of completion, as there remains to examine only one witness. Further, it appears that witnesses examined so far have implicated the accused with the offence alleged in the FIR. 8.1. Further, it appears that the quantity of contraband substances, so recovered from the possession of the accused is of commercial quantity and as such, the accused has to satisfy the twin conditions of Section 37 of the NDPS Act, that he is not guilty of the offence and he will not commit any offence while on bail and unless these two conditions are satisfied with, the accused cannot be released on bail, as held by Hon’ble Supreme Court in the case of Union of India vs. Ajay Kumar Singh @ Pappu, in Criminal Appeal No. 952 of 2023 [Arising out of SLP (CRL.) No. 2351 of 2023]. 8.2. But, it appears that Mr. Ahmed, learned counsel for the accused, from the materials on record, has failed to satisfy the aforesaid two conditions. 9. Thus, in view of above and also in view of the stage of the trial and also in view of the evidences brought on record during the trial, this Court is of the view that this is not a fit case, where the privilege of bail can be granted to the accused. 10. Accordingly, this petition stands dismissed. Page No.# 4/4 11. However, the learned trial court is requested to expedite the trial and conclude the same as soon as practicable. JUDGE Comparing Assistant