Page No.# 1/3 GAHC010137462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/18/2026 MD. SADDAM HUSSAIN AND ANR S/O. LT. SAIFUL ISLAM PERMANENT R/O. VILL.- MOIRABARI PATHIKBARI P/S. MOIRABARI DIST. MORIGAON ASSAM. 2: BIMAL TOSSA S/O. SRI JIBON TOSSA VILL.- GHARIALDUBI P/S. BOKAJAN DIST. KARBI ANGLONG ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SI HAOKAM CHANGSAN S/O/ MR. KHUPSEH CHANGSAN SI OF POLICE BOKAJAN POLICE STATION DIST. KARBI ANGLONG ------------ Advocate for : MR. M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 13.07.2026 (M. Zothankhuma, J) 1. Heard Mr. M. Ahmed, learned counsel for the applicants. Also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 430 BNSS for suspending the operation of the sentence dated 25.04.2025 passed in NDPS Case No.13/2022 by the learned Special Judge, Karbi Anglong at Diphu, on being convicted under Section 21(c) of the NDPS Act, vide judgment dated 23.04.2025. 3. The learned counsel for the applicants submits that the applicants having been convicted and sentenced under Section 21(c) of the NDPS Act to undergo rigorous imprisonment for 12 (twelve) years with a fine of Rs.1,00,000/- (Rupees one lakh), in default simple imprisonment for 1 (one) year, the applicants who have undergone imprisonment for 4 (four) years 8 (eight) months, should be released on bail after suspension of the sentence, in terms of Section 436A Cr.P.C, which is equivalent to Section 479 BNSS. 4. The learned Additional Public Prosecutor submits that the seizure of heroin weighed 1.777 kg and that half of the sentence period has not been completed by the applicants. Page No.# 3/3 5. On considering the fact that the applicants have not completed half of the sentence imposed by the learned Trial Court and also keeping in view the fact that the seized heroin was 1.777 kg, we are not inclined to allow the present application. Further, in the case of State of Punjab vs. Balraj Singh @ Billa [Special Leave to Appeal (Crl.) No.896/2026], the Supreme Court has held that the condition imposed under Section 37 NDPS Act are mandatory for grant of bail, involving commercial quantity of drugs. It further held that the period of long incarceration in jail cannot be a ground to grant bail, unless the provisions under Section 37 NDPS Act are made out. In the present case, the conditions for bail under Section 37 NDPS Act are not made out at this stage. Further, the main appeal has been fixed for hearing on 09.09.2026. 6. In view of the above reasons, the application stands dismissed. JUDGE JUDGE Comparing Assistant