Manai Hussain Vs the State of Assam

This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for granting bail to the applicant, namely, Sri Manai Hussain, in connection with NDPS Case No. 97 of 2025 (GR No. 1223/2025, arising out of Silchar PS Case No.

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709/2025, under Sections 21(b)/29 of the NDPS, 1985, pending before the learned Sessions/Special Judge, Cachar, Silchar.

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The brief facts of the case is that SI(P) Gonesh Dehingia of Tarapur TOP, lodged an FIR before the Officer-In-Charge of Silchar Police Station, stating that on 11.072025, at about 4:30 PM, he along with I/C Tarapur performed patrolling duty and as and when information was received regarding smuggling and dealing of suspected narcotics substances near Arunachal Junction, he informed his superior officer and O/C, Silchar PS about the matter. Thereafter, O/C, Silchar, instructed to construct a Police team and verbally authorized him to run the operation. Then I/C of Tarapur TOP, SI(P) Gonesh Dehingia, along with Police Team reached at Arunachal Railway Junction. During the operation they saw a suspected woman coming out from Arunachal Railway Junction and accordingly, detained her, and thereafter, the SP(Crime), Cachar and O/C, Silchar Police Station arrived at the spot, and authorized him in written to conduct search and seizure under Section 41 of the NDPS Act. During the search of the lady, namely, Smt Pranathi Das, they found 10 nos. of soap cases containing orange coloured powdery substances, suspected to be narcotic drugs (heroin) weighting net 114 Gram (without weight of the soap cases) from her possession which were hidden inside her maroon coloured petticoat having an inside pocket of violet colour. The recovered items were seized in presence of available independent witnesses and the seized drugs were sealed and tasted in the place of occurrence and other seized items were (1) Total 5 Nos. of Black Coloured Polythene bags and (2) One Motorola Mobile (Blue Colour) No. 6909501262. On receipt of the FIR, the Officer-In-Charge of Silchar Police Station, registered the case vide Silchar PS Case No. 709/2025, under Sections 21(b)/29 of the NDPS Act, 1985 and started the investigation.

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Learned counsel for the petitioner submits that the petitioner is an Auto-Rickshaw driver by profession. The petitioner does not know the FIR named accused personally neither the petitioner has any relation with her. His mobile number was collected by the

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lady from somewhere and on the relevant day, his auto was hired by the lady and she is only his passenger. The learned counsel further submits that the petitioner is falsely implicated in the case. The recovery was made from the FIR named-accused and neither any recovery was made from the petitioner’s conscious position nor the petitioner was present there, where the alleged contraband has been seized. The petitioner is in no way involved in the alleged offence.

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The learned counsel for the petitioner submits that the petitioner was arrested on 11.09.2025, while the FIR-named accused was arrested on 12.07.2025, but the Investigating Officer filer charge sheet on 10.09.2025, vide Silchar PS Charge Sheet No 676/2025 and also filed one supplementary charge sheet on 20.09.2025, against the petitioner, where there is no involvement of the petitioner in the offence.

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It is also submitted that the petitioner is a permanent resident of Village-Lalpani, Jirighat Cha Bagicha Pt-I, PS-Jirihghat, District-Cachar, Assam. The petitioner had filed one bail application before the learned Sessions/Special Judge, Cachar, and the same was rejected on 26.11.2025.

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The learned counsel for the petitioner submits that the petitioner is not involved in any drug peddling. His arrest was based solely on the statement of Smt Pranathi Das, the FIR-named accused, who was arrested on 12.07.2025, and, thereafter, the petitioner was arrested on 11.09.2025. It is further submitted that as per the charge sheet, there are 13 nos. of witnesses cited by the prosecution and the trial was yet to commence as next date was fixed on 03.02.2026, for evidence of the PW-1, this for the completion of trial, which would take a considerable period of time and the petitioner is in judicial custody for more than 5 months, and as such, he would not be able to effectively prepare his defence. The learned counsel submits that the continued detention of the petitioner would serve no fruitful purpose, particularly when the investigation is complete and the petitioner is ready and willing to cooperate with all further processes of law. Accordingly, the learned counsel for the petitioner submits that the petitioner undertakes

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to abide by any stringent conditions that may be imposed upon him by this Court and accordingly, prayed that he may be enlarged on bail in the interest of justice and fairness.

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It is further submitted by the learned counsel for the petitioner that the petitioner is ready to participate and cooperate with the trial and has also undertaken to appear before the learned trial Court as and when required. The petitioner has deep roots in the society and, therefore, the is no possibility of his jumping bail.

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The learned Additional Public Prosecutor has opposed the bail prayer, considering that the case is presently at the stage of evidence and keeping in view the facts and circumstances of the case, the bail application of the petitioner does not merit consideration.

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I have considered the submissions made by the learned counsel appearing for both the parties. I have also perused the scanned copies of the Trial Court Record

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In view of the submissions made and keeping in view the facts and circumstances of the case, this Court is of the opinion that the petitioner be granted the privilege of bail. Accordingly, this Court directs that the petitioner be released on bail on her furnishing a bail bond of Rs. 2 lacs, with 2 (two) sureties of the like amount, one of whom should be a Government Servant and residing within the State of Assam, to the satisfaction of the learned Special Judge, Cachar, Silchar, subject to the following strict conditions to ensure his participation in the trial:-

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(i) The petitioner shall remain personally present before the Trial Court on each and every date fixed, unless exempted for sufficient cause.

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(ii) That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts from the trial pending against the petitioner.

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(iii) That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN Card, mobile number, and other contact details before the learned Trial Court, if the same are not seized by the concerned officials; and

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