Bail Appln./1898/2026 of ASMINA PARBIN AND 2 ORS. Vs THE STATE OF ASSAM on 16 August 2026

ORDER

17.08.2026 Heard Mr. N. Ahmed, learned counsel for the accused and also heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by three accused, namely, Asmina Parbin, Meherun Nessa Khatun and Somej Ali, who have been languishing in jail hazot since 15.06.2026, in connection with North Guwahati P.S. Case No.61/2026, corresponding to G.R. Case No.465(K)/2026, under Section 21(b)/29 of the NDPS Act, 1985, for grant of bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Jagriti Daimari, S.I. of Police, Palashbari P.S., on 15.06.2026. The essence of allegation in the FIR dated 15.06.2026 is that on 15.06.2026, at about 7:15 a.m., one Asmina Parbin and Meherun Nessa and one Somej Ali are found travelling in a Traveller, bearing Registration No.AS-01KC-0971 and while the vehicle was checked at Amingaon, at about 11:15 a.m., 6 nos. soap boxes/packets of heroin weighing 84 gms were recovered from the possession of Asmina Parbin.

4. Mr. Ahmed, learned counsel for the accused submits that the accused were arrested on 15.06.2026 and forwarded to the jail hazot on 16.06.2026 and for last 64 days they are behind the bar. The learned counsel for the accused further submits that in the meantime, investigation of the case has already been completed and the I.O. has laid charge-sheet against the present accused persons and that the quantity of contraband substances allegedly recovered from their possession is of intermediate quantity and now the trial will start and they will appear before the learned Trial Court on each and every date and therefore, Mr. Ahmed, learned counsel for the accused has contended to enlarge them on bail.

5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, Assam, has opposed the petition. He submits that charge-sheet has already been submitted against all the three accused persons and the charge is yet to be framed.

6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the scanned copy of the case record received from the learned Trial Court.

7. It appears that investigation has already been completed and charge-sheet has been laid before the learned Trial Court. However, charge is yet to be framed and it also appears that the quantity of contraband substance allegedly recovered from the possession of the accused Asmina Parbin was of 84 gms, which is an intermediate quantity and since charge-sheet has been submitted in this matter, the question of influencing the witnesses or hampering the investigation does not arise and under the given facts and circumstances, their further custodial detention seems to be unwarranted in the interest of investigation and accordingly, this Court is inclined to allow this application.

8. It is provided that on furnishing a bail bond of ` 25,000/- each, with one surety of like amount to the satisfaction of the learned Special Judge NDPS, Kamrup, Amingaon, the accused, namely, Asmina Parbin, Meherun Nessa Khatun and Somej Ali, shall be enlarged on bail.

9. In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE