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CDJ 2026 SC 080 print Preview print print
Court : Supreme Court of India
Case No : Criminal Appeal No. of 2026 (Arising out of SLP(Crl.) No. 8379 of 2025)
Judges: THE HONOURABLE MR. JUSTICE SANJAY KUMAR & THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN
Parties : Khaiminlal Thouthang Versus State of Assam
Appearing Advocates : For the Petitioner: ----- For the Respondent: -----
Date of Judgment : 09-01-2026
Head Note :-
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21(c), 24 and 29 -
Judgment :-

1. Leave granted.

2. The appellant, Khaiminlal Thouthang, is in appeal, aggrieved by the order dated 29.01.2025 passed by the Gauhati High Court rejecting his plea for grant of bail in connection with NDPS Case No. 158/2021, arising out of PS Case/First Information Report (FIR) No. 585/2021 dated 29.08.2021 registered with Police Station - Sonapur, District - Kamrup Metropolitan, Assam, for the offences punishable under Sections 21(c), 24 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The appellant, Khaiminlal Thouthang, has been in prison since 28.08.2021. The three co-accused who were stated to have been travelling with him, in the Bolero vehicle in which 1.324 Kgs of Heroin was found, have already been granted bail. We are informed that one of those co-accused is presently absconding.

4. We are also informed that only 3 out of the 9 listed witnesses have been examined till date. There is, therefore, no possibility of the trial concluding in the near future.

5. In such circumstances, we are of the opinion that the appellant, Khaiminlal Thouthang, would be entitled to grant of relief at this stage.

6. Accordingly, the appellant, Khaiminlal Thouthang, is directed to be released on bail in connection with the aforestated NDPS Case/PS Case/FIR, on such appropriate terms and conditions as may be fixed by the Special Court. Such terms and conditions shall be fixed keeping in mind the fact that the appellant does not belong to the State of Assam.

7. The appeal is accordingly allowed, setting aside the impugned judgment/order passed by the High Court.

8. We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of bail.

9. Pending application(s), if any, shall stand disposed of.

 
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