Page No.# 1/3 GAHC010145662026 2026:GAU-AS:10858 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1956/2026 KHAIRUL ISLAM S/O KHARSED ALI, R/O JAPIA, PS HAJO, DIST KAMRUP, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD M ISLAM, M. HOSSAIN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date :05.08.2026 Heard Mr. S. Nawaz, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by accused, namely, Khairul Islam, who has been languishing in jail hazot in connection with Nalbari P.S. Case No. 109/2026, under Sections 20(b)(ii)(B)/25/29 of the NDPS Act, Page No.# 2/3 since 15.06.2026, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI Sanjib Das of Nalbari P.S., on 14.06.2026. The essence of allegation against the present accused is that on 14.06.2026, at about 1:10 a.m., 3.018 kg of ganja was recovered from his possession while he was driving a vehicle, bearing Registration No. AS-02U-4247, at Jaymangla, under the jurisdiction of Nalbari P.S. 4. Mr. Nawaz, the learned counsel for the accused submits that the accused was arrested on 15.06.2026, and since then, he has been languishing in jail hazot for last 53 days. He also submits that the I.O. has completed investigation and submitted charge-sheet, bearing No. 128/2026, dated 31.07.2026. He further submits that the quantity of contraband substance, allegedly recovered from the accused, is 3.018 kg, which is an intermediate quantity and since charge-sheet has been submitted, he submits that the accused will appear before the learned trial Court and will face the trial, and under such circumstances, he has contended to allow the accused to be enlarged on bail. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has opposed the petition. He submits that since charge-sheet has been submitted, the scanned copy of the TCR may be called for from the learned trial Court. 6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record. 7. It appears that the accused was arrested on 15.06.2026, and since then, he has been languishing in jail hazot for last 53 days, and after completion of investigation of the case, the I.O. has submitted charge-sheet before the Page No.# 3/3 learned trial Court. It also appears that 3.018 kg of ganja was recovered from the possession of the accused and the same is of intermediate quantity. 8. Since investigation of the case has already been completed and charge- sheet has been submitted, the question of hampering the investigation and tampering with the witnesses does not arise, and now the learned trial Court will start the trial and the accused will prepare his defence. 9. Keeping the aforesaid facts in mind, this Court is of the view that further custodial detention of the accused seems to be not warranted, in the interest of investigation. 10. Accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 25,000/-, with one surety of like amount, to the satisfaction of the learned Special Judge (NDPS), Nalbari, the accused be enlarged on bail. 11. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant