Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.

JUDGMENT :

Anjan Moni Kalita, J.

Heard Mr. D. Ullah, learned counsel appearing for the accused-applicant. Also heard Mr. S. C. Keyal, learned Standing Counsel, NCB.

2. The instant application has been filed, under Section 483 of the BNSS, 2023, for granting bail to the accused-applicant in connection with NDPS Case No. 16/2024, under sections 21(C)/29 of NDPS Act, in connection with NCB Guwahati Crime No. 12/2023, pending before the Court of Addl. District & Sessions Judge No. 1, Kamrup (M), Guwahati.

3. Case was registered as NCB Crime No. 07/2025, under the aforesaid sections before the aforesaid Trial Court. The accused applicant was arrested on 01.08.2023 and since then, he is in judicial custody.

4. It is seen from the records that the accused-applicant had earlier, on two occasions, approached this Court for his bail, however, on both the occasions, his prayers for bail were rejected on 14.11.2024 and 13.05.2025 respectively.

5. The matter relates to recovery of 0.673 kgs. of Heroin, which is much more than commercial quantity as prescribed in the NDPS Act, 1985, from the conscious possessions of the accused-applicant and another co-accused from the Room No. 16 of Goswami Lodge, near Down Town, Guwahati on 01.08.2023, while the accused- applicant was staying in the said Lodge along with another co-accused, namely, Bijay Gupta. Both the accused persons arrived at Guwahati from Manipur in a Maruti Gypsy bearing Registration No. MM-03-P-5705.

6. On being tested by the Drug Detection Kit from each of the 59 soap cases, from which said Heroin were recovered, those gave positive result for Heroin. Accordingly, the aforesaid contraband materials contained in 59 soap cases were seized from the conscious possession of the accused persons. The investigating authority had seized the Maruti Gypsy vehicle, Mobile phones, Driving License etc. from the accused-applicant. It is also seen that FSL report dated 06.11.2023, pertaining to the seized contraband narcotics recovered from the possession of the accused-applicant, gave positive result for Heroin. After completion of investigation, offence report was submitted before the learned Special Judge (NDPS)-cum-Additional Sessions Judge No. 1, Kamrup (M), Guwahati, against the accused persons, including the accused-applicant, under Sections 20(C)/21(C)/29 of the NDPS Act on 23.02.2024. It is also seen from the records that prosecution has already examined 4(four) of it’s witnesses till date.

7. The learned counsel for the accused-applicant submits that the accused-applicant has been falsely implicated with the instant case as he was just a bearer of the consignment containing the alleged contraband materials and he was not aware of the fact that the consignment contained contraband materials. The learned counsel submits that though it has been alleged that the seizure of the contraband materials was from his conscious possession, however, from the facts as revealed, it cannot be said that the contraband materials were seized from the conscious possession of the accused- applicant. The learned counsel further submits that while arresting the accused- applicant, the arresting authority has not complied with the provisions of Section 50 of the Cr.P.C. and thereby, violated the provisions of Article 22(1) of the Constitution of India. The learned counsel further submits that the accused-applicant was arrested on 01.08.2023 and since then, for more than last 2(two) years, the accused-applicant is languishing in jail. He submits that such long incarceration during the pendency of the trial, is a settled ground for allowing him to go on bail.

8. To reinforce hi