Gauhati High Court
Bail Appln./2322/2026 of AMINUL ISLAM Vs THE STATE OF ASSAM on 8 September 2026
GAHC010169692026 2026:GAU-AS:13073 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2322/2026 AMINUL ISLAM S/O SUKUR ALI VILLAGE PITHADIPAM PO NALIGAON PSSARTHEBARI DIST BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE
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GAHC010169692026
2026:GAU-AS:13073
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2322/2026
AMINUL ISLAM
S/O SUKUR ALI VILLAGE PITHADIPAM PO NALIGAON PSSARTHEBARI
DIST BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR TO THE GOVT. OF ASSAM.
Advocate for the Petitioner : MD. R ALI, R. ALI
Advocate for the Respondent : PP, ASSAM, B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
09.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Prosecutor and learned Amicus Curiae representing the informant.
2. This is an application filed under Section 483 of the BNSS, 2023 for Page No.# 2/2 releasing the accused/petitioner on bail, who was arrested on 08.07.2026 in connection with Sartherbari P.S Case No. 64/2026, u/s 22(c)/29 of the NDPS Act.
3. The accusation as reflected in the FIR is that a commercial quantity of cough syrup was recovered from the possession of the petitioner.
4. The only ground submitted by the learned counsel for the petitioner warranting the release of the petitioner on bail is that he has spent 62 days behind bars.
5. The learned Additional Public Prosecutor submits that a charge sheet has already been submitted and the statutory period of detention is 180 days.
6. The length of detention by itself, that too within the statutory period, cannot be a ground for the grant of bail in cases involving a commercial quantity, in view of Section 37 of the NDPS Act.
7. Consequently, the prayer for bail stands rejected. JUDGE Comparing Assistant