Dismissed¶25

Md. Hakim v. the State of Assam

Gauhati HC15 Jul 2026Bail Appln./1573/2026

Case brief

AI extract

What is this about?

Bail rejection; Section 483 BNSS 2023; NDPS Act Sections 21(c)/25/29; commercial quantity narcotics; NDPS Case No.11/2026; Dillai P.S Case No.61/2025; Karbi Anglong, Diphu Special Judge; charges framed 26.03.2026; 4 of 10 witnesses examined; custody seven months; passenger plea; Gauhati High Court 2026; Bail Appln./1573/2026; Justice Anjan Moni Kalita.

What did the court decide?

Taking into account the entire facts of the case, and especially that the case involves narcotics of commercial quantity (¹22) and that 4 out of 10 witnesses have already been examined by the Trial Court, this Court is not inclined to grant any bail to the accused applicant at this stage. ¶24

Md. Hakim Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

Page No.# 1/3

GAHC010117472026

2026:GAU-AS:9699

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

¶5

Case No. : Bail Appln./1573/2026

¶6

MD. HAKIM

¶7

S/O MD. KARIM, RESIDENT OF - HOUSE NO. 9, VILLAGE - BISWAMBHARPUR, P.O.- SUTIHAR, P.S. - DARIYAPUR, IN THE DISTRICT - SARAN, BIHAR, PIN - 841222 PRESENTLY RESIDING AT - KACHARI BASTI, BIROLA, P.S. - DIPHU, DISTRICT - KARBI ANGLONG, ASSAM, PIN- 782460

¶8

VERSUS

¶9

THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM

¶10

Advocate for the Petitioner : MR. K H KHANDAKAR, MR. K M HASSAN,R PARBIN,ANIMA SAIKIA

¶11

Advocate for the Respondent : PP, ASSAM,

¶12

BEFORE

¶13

HON’BLE MR. JUSTICE ANJAN MONI KALITA

¶14

O R D E R

¶15

16.07.2026

¶16

Heard Mr. P.D Nair, learned senior counsel assisted by Mr. K.M. Hasan, learned counsel appearing for the accused applicant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor, appearing for the State.

¶17

Page No.# 2/3

¶18

This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the accused applicant, namely, Md. Hakim, in connection with NDPS Case No.11/2026 pending before the court of Learned District and Sessions Judge-cum-Special Judge, Karbi Anglong, Diphu, under Sections 21(c)/29 NDPS Act, arising out of Dillai P.S Case No.61/2025 dated 20.11.2025, under Sections 21(c)/25/29 of the NDPS Act read with Section 61(2)/123 of BNS, 2013.

¶19

Mr. P.D Nair, learned senior counsel for the accused applicant submits that the accused applicant is behind the bars for the last 07(seven) months and out of 10(ten) witnesses, only 04(four) witnesses have been examined and since the trial will take considerable time for its completion, at this stage, the accused applicant should be granted bail. He further submits that the applicant was in fact a passenger of the vehicle from where the alleged narcotics have been seized by the police.

¶20

TCR in the instant case has been received and the same is perused.

¶21

Mr. B. Sharma, learned Additional Public Prosecutor, appearing for the State submits that out of the named 10(ten) witnesses, 04(four) witnesses have already been examined after the charges have been framed on 26.03.2026. He submits that since the trial is going on in a reasonable speed and it is likely to be completed soon, at this stage, the Court should not interfere and grant bail to the accused applicant.

¶22

This Court has perused the TCR and heard the submissions made by the learned counsel appearing for the respective parties. Taking into account the entire facts of the case and specially taking into account the fact that the instant case involves narcotics of commercial quantity and

¶23

Page No.# 3/3

¶24

04(four) out of 10(ten) witnesses have already been examined by the Trial Court, this Court is not inclined to grant any bail to the accused applicant at this stage.

¶25

Accordingly, the instant bail application stands rejected.

¶26

JUDGE

¶27

Comparing Assistant

Md. Hakim v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Hakim v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jumi Bayan Vs the State of Assam

Ashish Jha Vs the State of Assam

Sri Gautam Sharma Alias Raju Sharma Vs the State of Assam

Jitendra Shah Vs the State of Assam

Khadiza Khatun Vs the State of Assam

Sri Ujay Kumar Sahu Alias Vijay Vs the State of Assam and Anr.