Page No.# 1/4 GAHC010172832026 2026:GAU-AS:14742 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2350/2026 SAIBUDDIN SON OF LATE ABDUL SAMAD, RESIDENT OF VILLAGE LACHANGA, P.S. KALGACHIA, DISTRICT BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M A ISLAM, MR J I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.10.2026 Heard Mr. M. A. Islam, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused, namely, Saibuddin, who has been languishing in jail hajot since Page No.# 2/4 02.08.2026, in connection with Kalgachia P.S. Case No. 60/2026, registered under Sections 121(1) of BNS, 2023, read with Sections 21(b) of the NDPS Act, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Santanu Duarah, SI of Police, Kalgachia Police Station, on 24.06.2026. 4. The essence of allegation against the accused in the FIR, dated 24.06.2026, is that one Saibuddin and his wife Momtaz Begum are involved in illegal possession and selling of narcotic drugs. And on conducting a search, 33 Nos. of plastic vials and 01 No. of soap case, containing suspected NDPS substance (Heroin), were recovered and seized from house of said Saifuddin. 5. Mr. Islam, learned counsel for the accused submits that the accused was arrested on 02.08.2026, and since then, he has been languishing in jail hajot. 5.1 Mr. Islam further submits that investigation of the case has already been completed and the I.O. has submitted charge-sheet. And since charge-sheet has already been submitted, there is no scope of tampering the evidence or hampering the investigation of the case. He also submits that the accused will appear before the learned Trial Court on each and every date and under such circumstances, he has contended to allow this petition. 6. Per contra, Mr. Sarma, learned APP for the State respondent, has opposed the petition, on the ground that the accused herein was found in possession of 17.43 grams of suspected Heroin and that, after completion of investigation, the Page No.# 3/4 I.O. has submitted charge-sheet, having found prima-facie materials against the accused and under such circumstances, he has contended to dismiss this petition. 7. Having heard the submission of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also gone through the scanned copy of the records received from the learned Trial Court. 8. It appears that the accused has been languishing in jail hajot since 02.08.2026, and in the meantime, investigation of the case has been completed and the I.O. has submitted charge-sheet against the accused. 9. And since charge-sheet has already been submitted, the question of hampering investigation or tampering evidence does not arise. Now, trial will start and the accused will prepare his defence. 10. Considering above, especially, considering the period of detention of the accused from 02.08.2026, in jail hajot, this Court is of the view that further custodial detention of the accused seems to be unwarranted in the interest of the investigation. And accordingly, this Court is inclined to allow this application. 11. It is provided that on furnishing a bond of Rs. 25,000/-, with one surety each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Barpeta, the accused shall be enlarged on bail. However, liberty is granted to the learned Trial Court to impose any condition to ensure attendance of the accused during trial. Page No.# 4/4 12. In terms of the above, this Bail Application stands disposed of. 13. Case diary be returned. JUDGE Comparing Assistant