(1.) Heard Mr. S.A. Sheikh, learned counsel for the petitioner who has submitted that the petitioner is the nephew of the accused person Smti. Bina Sarkar who was arrested in connection with Nongpoh P.S. Case No. 190 (10) 2022 under Sec. 21(b)/29 of the NDPS Act and as such, has come before this Court with this instant petition seeking grant of bail on behalf of the said accused person.
(2.) It is also submitted that in due course, the Investigating Officer had filed the charge sheet, although, the same is not the complete charge sheet where a prayer was made before the Court of the learned Special Judge (NDPS), Nongpoh for filing of a supplementary charge sheet. As soon as the FSL report is received, the matter was however taken up for trial before the learned Special Judge (NDPS), Nongpoh and the stage of the trial is for recording of evidence. So far, only the examination-in-chief of one witness, that is, PW. 1 was taken up by the learned Special Court, whose evidence was recorded on 5/10/2023 and the cross-examination was reserved mainly on the ground that the learned counsel appearing for the accused has withdrawn from the case. The matter was again fixed on 19/10/2023 for cross-examination of PW. 1, but no cross-examination could be conducted due to the absence of the witness on the said date. In fact, the next date fixed by the court was on 1/11/2023 and on that date also the PW. 1 was found absent and as such, no cross-examination could be taken.
(3.) The learned counsel has also submitted that the accused person is not keeping well and even while she was in custody some months ago, she has to be hospitalized at Civil Hospital, Nongpoh for treatment of various ailments. On the ground of ill health of the accused person, this Court may also consider the same as a ground for grant of bail, submits the learned counsel. The learned counsel has further submitted that the accused is innocent and is not at all involved as far as the alleged offence is concerned and no incriminating materials or evidence is found against her and on this ground too, the accused person may be enlarged on bail.