Page No.# 1/3 GAHC010085612025 2025:GAU-AS:6244 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1266/2025 JOGESWAR DAS S/O RANJIT DAS A PERMANENT RESIDENT OF VILL-KHERONI DAS BASTI, P.S. KHERONI DIST. WEST KARBI ANGLONG, ASSAM,PIN-782448. VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : TAWHID LASKAR, MR. KAUSAR AHMED,MR. D K AGARWALA,A BORBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.05.2025 Heard learned counsel Mr. T. Laskar for the petitioner Jogeswar Das. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind Page No.# 2/3 bars since 16.07.2023 in connection with Badarpur P.S. Case No.182/2023 under Section 20(b)(ii)(c)/25/29 of NDPS Act,1985. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State. 4. It is submitted on behalf of the petitioner that the petitioner was not in conscious possession of the ganja. 5. It is further submitted that the petitioner is entitled to bail as all the 3 (three) co-accused have been enlarged on bail in connection with this case. 6. It is further submitted that the grounds of arrest were not communicated to the petitioner in a manner understood by the petitioner. 7. The notice under Section 50 of Cr.P.C clearly reveals the violation of the statutory mandate. 8. It is submitted that the petitioner’s right to personal liberty has been curtailed. 9. Mr. M. P. Goswami, learned Additional Public Prosecutor, who has raised serious objection stating that 4 (four) witnesses have already been examined. 10. The trial is progressing at a good pace and there is no undue delay in the present case. 11. It is further submitted that the petitioner is booked under a heinous offence of transporting 26 kgs of ganja. 12. I have considered the submissions at the Bar with circumspection. I have also considered the submissions that the grounds of arrest have not been communicated to the petitioner in a manner understood by the petitioner. It appears that bail may be granted to the petitioner. Page No.# 3/3 13. In view of my foregoing discussion, the petitioner is enlarged on bail on furnishing a bail bond of Rs.1,00,000/- with 2 (two) local sureties of like amount to the satisfaction of the learned trial Court under the conditions that:- (i) The petitioner shall refrain from such activities with which he is alleged. (ii) The petitioner shall not leave the jurisdiction of the Court till completion of the trial and (iii) The petitioner shall not exercise threats to the witnesses or try to influence them. 14. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 15. In terms of the above observation, the Bail Application stands disposed of. 16. Send back the case records. JUDGE Comparing Assistant