24.06.2025
Heard Mr. P. Bordoloi, learned counsel for the petitioner. Also heard Mr. P.S.
Lahkar, learned Addl. P.P., Assam for the State respondent.
2. By this application under Section 483 of the BNSS, 2023, the accused
petitioner, namely Ubaidur Rahman @Ubaydur Rahman has prayed for
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grant of bail in connection with N.D.P.S. Case No.60/2023 (corresponding to
Guwahati GRPS Case No.163/2022) pending in the Court of learned Special
Judge (NDPS), Kamrup (M), Guwahati under Sections 21(c)/29 of the NDPS
Act.
3. The facts of the case is that two packets of heroin weighing ½ kg each
had been seized from the possession of the petitioner and co-accused Abud
Ahmed on 19.11.2022. Another co-accused, i.e., Md. Majibur Rahman @Mujibur
Rahman had been arrested on the statements made by the petitioner and the
co-accused Abud Ahmed. However, a coordinate Bench of this Court, vide order
dated 05.01.2024 passed in Bail Appln.2479/2023, granted bail to Md. Majibur
Rahman @Mujibur Rahman, in terms of the judgment of the Supreme Court in
the case of Tofan Singh Vs. The State of Tamil Nadu, reported in (2021) 4
SCC 1, wherein it was held that the statement of a co-accused recorded under
Section 67 of the NDPS Act was not admissible in evidence against a co-
accused.