Page No.# 1/3 GAHC010007412026 2026:GAU-AS:6967 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/180/2026 MD AMIN ALI S/O NUR ISLAM, PERMANENT R/O VILL. RAHMAT NAGAR, NEAR RAHMAT NAGAR SENIOR MADRASSA, P.S. MURAJHAR, DIST. HOJAI (ASSAM) PRESENT ADDRESS VILL. HUKAN BASTI, NEAR NO. 2, RAJAPUKHURI, PS. URIAMGHAT, DIST. GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. N HASAN, MR. A HASAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 20-05-2026 Heard learned counsel Mr. N. Hassan for the applicant Md. Amin Ali, who has filed this application under Section 430 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for suspension of execution of conviction and sentence passed against the applicant vide the impugned judgment and order Page No.# 2/3 dated 13.11.2025 by the learned Special Judge, Goalaghat in connection with Special (NDPS) Case No. 23/2024 as he is suffering from gallbladder stone along with enlarged liver and enlarged spleen and blood cancer. 2. Seen the report from the Office of the Superintendent of District Jail, Golaghat. 3. The applicant has already been shifted to Gauhati Medical College and Hospital (GMCH for short) and he is undergoing treatment at GMCH at present. The report reveals that the jail authority was contemplating to shift the applicant to GMCH. 4. However, it is submitted by the learned counsel for the applicant that the applicant is undergoing treatment in GMCH. 5. Heard learned Additional Public Prosecutor Mr. K.K. Parashar for the respondent State. 6. I have considered the submissions at the bar with circumspection. 7. It is true that the applicant has been convicted under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.1,00,000/- (Rupees One Lac). At this juncture, it appears that bail may be granted to the applicant as he is suffering from serious ailments. The medical report from the jail authority also reveals that the applicant is suffering from gallbladder stone along with enlarged liver and enlarged spleen and his bilirubin appears to be high and the applicant is suffering from blood cancer as well. 8. I have considered the submissions at the bar that the applicant has Page No.# 3/3 undergone 2 years 2 months 9 days of his sentence including the period of detention during investigation and trial. After conviction, he has undergone a total of 799 (Seven Hundred and Ninety Nine) days of imprisonment. 9. Considering the seriousness of the ailments and considering the fact that the patient is in urgent need of treatment, it appears that bail may be granted to the applicant. The applicant has also submitted that he will cooperate with the appeal. 10. In view of my foregoing discussions, this Court is constrained to hold that bail may be granted to the applicant. The applicant is enlarged on bail of Rs.1,00,000/- (Rupees One Lac) with a suitable surety of like amount to the satisfaction of the learned Trial Court. 11. The operation of the order of conviction and sentence dated 13.11.2025 passed by the learned Special Judge, Golaghat in connection with Special (NDPS) Case No. 23/2024 is hereby stayed until further orders. 12. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant