Gauhati High Court
Bail Appln./2886/2026 of FIRDOUS UZ ZAMAN Vs THE STATE OF ASSAM on 29 September 2026
GAHC010207432026 2026:GAU-AS:14552 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2886/2026 FIRDOUS UZ ZAMAN SON OF JOHIRUZ ZAMANAHMED,RESIDENT OF MAHAMAYANAGAR, POLICE STATIONSOUTH SALMARA, DISTRICTSOUTH SALMARA MANKACHAR, ASSAM.
GAHC010207432026
2026:GAU-AS:14552
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2886/2026
FIRDOUS UZ ZAMAN
SON OF JOHIRUZ ZAMANAHMED,RESIDENT OF MAHAMAYANAGAR, POLICE STATIONSOUTH SALMARA, DISTRICTSOUTH SALMARA
MANKACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. M AHMED, MS M MALIK,MR A HAI,MR R KARIM
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date : 30.09.2026
Heard Mr. M. Ahmed, learned counsel for the accused and Mr. K.K. Das, learned Additional Public Prosecutor for the State respondent.
2. This petition, under Section 483, BNSS, 2023 is preferred by accused, namely, Firdous Uz Zaman, who has been languishing in jail hazot in connection with South Salmara P.S. Case No. 64/2026, under Sections 22(c)/29 of the NDPS Act, for grant of bail.
3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI Chanu Ram Mandal of Kharuabandha Outpost on 17.08.2026. The essence of allegation against the present accused is that on 16.08.2026, at about 8:45 p.m., the accused herein was found in possession of total 187 numbers of samplex + capsules weighing 684.6 grams.
4. Mr. Ahmed, the learned counsel for the accused submits that the accused was arrested on 17.08.2026 and since then, he has been languishing in jail hazot for last 45 days, and that charge-sheet has been submitted under Section 22(b) of the NDPS Act. By referring to page No. 43 of the petitioner, Mr. Ahmed submits that notice was given to him under Section 50 of the NDPS Act, yet the accused has not given his consent to search his body, and considering the aforesaid circumstances, Mr. Ahmed has contended to allow this petition.
5. Per contra, Mr. Das, learned Additional Public Prosecutor, after obtaining instruction from the I.O. pursuant to the order dated 28.09.2026, submits that charge-sheet against the present accused has been submitted under Section 22(b) of the NDPS Act.
6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record.
7. It appears that the accused has been languishing in jail hazot for last 45 days. It also appears that the I.O. has completed investigation and submitted charge-sheet, bearing No. 162/2026, dated 29.09.2026. Since charge-sheet has been submitted against the accused and that too under Section 22(b) of the
NDPS Act, which indicates that the contraband substance allegedly recovered from the possession of the accused is of intermediate quantity, further custodial detention of the accused seems to be not warranted in the interest of investigation, and accordingly, this Court is inclined to allow this petition.
8. It is provided that on furnishing a bond of Rs. 25,000/- with one surety of like amount, to the satisfaction of the learned Special Judge (NDPS), South Salmara, the accused be enlarged on bail.
9. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant