Md. Sahid Ahmed @ Sahid Ahmed Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

Md. Sahid Ahmed @ Sahid Ahmed Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Bail application under S.483 BNSS 2023 allowed: petitioner enlarged on bail on a bail bond of Rs.1,00,000/- with two local sureties of like amount, subject to conditions restricting travel, requiring abstention from alleged activities and non-threat to witnesses; jurisdictional Court free to cancel bail on breach.

Issue for consideration

Whether the petitioner, in custody since 10.11.2021 with the trial stalled (last witness examined 13.09.2023), is entitled to bail under S.483 BNSS 2023 despite the prosecution's objection based on the gravity of the offence (transport of 8000 Yaba tablets) and the advanced stage of the trial.

Court's answer

After considering the submissions with circumspection and all aspects and the peculiar facts and circumstances of the case, the Court found that bail could be granted to the petitioner notwithstanding the prosecution's objection.

Ratio / Principle

The petitioner was enlarged on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lac) with two local sureties of like amount, to the satisfaction of the learned Trial Court.

Key takeaways

Bail was made subject to conditions: (i) the petitioner shall not leave the Court's jurisdiction without prior permission till completion of trial; (ii) he shall refrain from the activities alleged against him; and (iii) he shall not threaten witnesses or jump bail.ratio¶¶24
On breach of any of the bail conditions, the jurisdictional Court is at liberty to cancel the bail granted to the petitioner.ratio¶¶27

Detailed headnote1 paragraphs

Gauhati High Court (Susmita Phukan Khaund, J., 10-06-2025) allowed a bail application under S.483 BNSS 2023 by Md. Sahid Ahmed @ Sahid Ahmed, behind bars since 10.11.2021 in Special NDPS Case No. 96/2021 (arising out of Patharkandi P.S. Case No. 450/2021) under S.22(C) NDPS Act, 1985, pending before the Addl. Sessions Judge, Sribhumi. Over the prosecution's objection founded on the alleged transport of 8000 Yaba tablets, deterrence and the fag-end stage of trial (four of six witnesses examined, none since 13.09.2023), the Court, weighing the petitioner's approximately 3 years 7 months of incarceration, curtailed personal liberty and stalled proceedings, enlarged him on a bail bond of Rs.1,00,000/- with two local sureties of like amount, imposing conditions (no departure from the Court's jurisdiction without permission till trial completion; refrain from alleged activities; no threats to witnesses or jumping bail), with liberty to the jurisdictional Court to cancel bail on breach.

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GAHC010102052025

2025:GAU-AS:7603

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./1553/2025

MD. SAHID AHMED @ SAHID AHMED S/O- MONTAJ ALI. VILL.- NIZ HAFANIA. P.O.- AND P.S.- PATHARKANDI. DIST.- SRIBHUMI, ASSAM.

VERSUS

THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.

Advocate for the Petitioner : MR H R CHOUDHURY, Z. HUSSAIN,MS G TALUKDAR

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

Date : 10-06-2025

Heard learned counsel Mr. H.R. Choudhury for the petitioner Md. Sahid Ahmed @ Sahid Ahmed, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind

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bars since 10.11.2021 in connection with Special NDPS Case No. 96/2021 arising out of Patharkandi Police Station Case No. 450/2021 under Section 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, pending in the Court of Addl. Sessions Judge, Sribhumi.

Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam.

It is submitted on behalf of the petitioner that as a petitioner has been behind bars for 3 (Three) years 7 (Seven) months, his right to personal liberty has been curtailed as trial has been procrastinated by the Court as well as by the State as the last witness was examined on 13.09.2023 and thereafter, not a single witness has been examined.

Learned Additional Public Prosecutor Mr. P.S. Laskar has raised serious objection stating that six witnesses are enlisted as cited witnesses in the charge sheet. Four witnesses have already been examined. The case is at the fag end of trial and the petitioner is not entitled to bail at this stage. The petitioner has committed a heinous offence of transporting 8000 Yaba tablets. Peddling of drugs is a menace to the society which has destroyed many youths of this country. Deterrence is the rule of the day.

I have considered the submissions at a bar with circumspection. The petitioner has pledged to cooperate with the remaining part of trial. It is submitted that the petitioner is a local resident and he is not a flight risk. It is further submitted that the petitioner is a father of three children. He is 40 years and his family is in immense hardship due to the prolonged incarceration of the petitioner.

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6. It appears that bail may be granted to the petitioner.

Considering all aspects and the peculiar facts and circumstances of this case, the petitioner is enlarged on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lac) with two local sureties of like amount to the satisfaction of the learned Trial Court under the conditions that :-

(i) the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial,

(ii) the petitioner shall refrain from such activities with which he is alleged and,

(iii) the petitioner shall not exercise threats to the witnesses or shall not jump the bail.

On breach of any of the bail conditions, the jurisdictional Court is at liberty to cancel the bail granted to the petitioner.

In terms of the above observation, this Bail Application stands disposed of.

JUDGE

Comparing Assistant