Page No.# 1/4 GAHC010134522026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1791/2026 SAIFUL HOQUE AND ANR SON OF LATE SOFIURRAHMAN,RESIDENT OF VILLAGESIRAKUTA, POLICE STATION-CHAPAR, DISTRICT- DHUBRI,ASSAM. 2: KUTUBUDDIN SEIKH SON OF LATE MOKBUL SEIKH RESIDENT OF VILLAGETOKRABANDHA SIRAKUTA POLICE STATION- CHAPAR DISTRICT- DHUBRI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M AHMED, MR A HAI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 30.09.2026 Page No.# 2/4 1. Heard Mr. M. Ahmed, learned counsel appearing for the accused applicants. Also heard Mr. D. P. Goswami, the learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the accused applicants in connection with Basistha Police Station Case No. 74/2026 registered under Section 22(c)/25/29 of NDPS Act, 1985. 3. The accused applicants have been arrested in the instant case on 02.03.2026 and charge sheet has been filed on 29.04.2026. The charges in the instant case are yet to be framed. 4. The learned counsel appearing for the accused applicants submits that though the accused applicants were arrested at 11:55 AM on 02.03.2026, they were produced before the learned Judicial Magistrate only after 3:00 PM on 03.03.2026, thereby committing a violation of Section 58 of the BNSS, 2023. He submits that on that ground alone, the accused applicants should be granted bail. 5. TCR in the instant case has been received and the same is perused. On perusal, it is found that the accused applicants were detained on 02.03.2026 when their truck was apprehended, wherefrom narcotics contraband materials worth about Rs. 5,00,00,000/- have been recovered. 6. This Court has also perused the statements made by the accused persons as well as other PWs. 7. On perusal of the materials on the TCR, it is seen that the accused applicants, though arrested on 02.03.2026 at about 11:55 AM, the Page No.# 3/4 notice under Section 47 as well as 48 have been issued only on the next day, i.e., at 9:00 AM on 03.03.2026. 8. It is seen that the accused applicants were taken for medical examination at the Medical Center at Health City on 10:56 AM on 03.03.2026. It is also seen that there is no timing recorded by the Magistrate as to at what time exactly the accused applicants were produced before him. 9. However, from the materials available and the medical examination of the accused applicants, it cannot be accepted that from Health City, which is located itself in Basistha, will take 3 hours’ time to reach the Chief Judicial Magistrate Court, Kamrup (Metro). There may be a few minutes here and there delay in producing the accused applicants before the Chief Judicial Magistrate Court, Kamrup (Metro). 10. Therefore, the submission of the learned counsel appearing for the accused applicants cannot be accepted that the accused applicants were produced much beyond 24 hours as mandated under Section 58 of the BNSS, 2023. 11. This Court has also considered that a huge quantity, i.e., commercial quantity of narcotics worth about Rs. 5,00,00,000/- have been recovered from the truck that was being used by the accused applicants and other co-accused persons. Since, the charge sheet has only been submitted on 29.04.2026 and charges are yet to be framed, this Court is of the considered opinion that the prayer for bail of the accused applicants at this stage cannot be considered. Page No.# 4/4 12. Therefore, the instant bail application is rejected. 13. TCR be returned. JUDGE Comparing Assistant