Page No.# 1/3 GAHC010115452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1775/2025 CHAN MIA ALIAS CHAND MIA S/O ABDUL SATTAR VILL- BALIPUKHURI NIRALABASTI P.S. GINGIA DIST. BISWANATH, ASSAM, PIN-784176 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, B DAS,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.07.2025 1. Heard Mr. A. M. Ahmed, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor. 2. This application under Section 483 of BNS has been filed by the petitioner Page No.# 2/3 namely, Chan Mia @ Chand Mia, who has been detained behind the bars since 24.05.2025 (for last 59 days) in connection with Helem P.S. Case No. 36/2025 under Sections 21(b)/29 of NDPS Act, 1985. 3. The gist of accusation is that on 16.05.2025, one Palash Saikia had lodged an FIR before the Officer-In-Charge of Helem Police Station, inter-alia, alleging that on receipt of an information regarding the fact that one drug peddler would be carrying suspected heroin in Murkong-Selek express, a search team was constituted and a search operation was held, during search operation, one Vola Mishra was found in possession of 32.8 grams of suspected heroin. 4. The Learned counsel for the petitioner has submitted that the petitioner is an innocent person and nothing was recovered from his possession as is apparent from the FIR. He further submits that the quantity of contraband seized in this case is of intermediate quantity and maximum period of detention for which the petitioner can be kept behind the bars under Section 487 of BNSS, in this case is 60 days only. He therefore, submits that considering the period of detention already undergone, the petitioner may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail at this stage and has submitted that the FSL Report of the seized contrabands is yet to be received. 6. He however, fairly submits that the investigation of this case had fairly progressed. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Helem P.S. Case No. 36/2025. Considering the progress made in the investigation as well as fact that the petitioner has been detained behind the bars for last 59 days in connection with the offence of which the maximum statutory period of detention under Section 487 Page No.# 3/3 of BNSS is 60 days only, this Court is of the considered opinion that further custodial detention of the petitioner may not be necessary for fair completion of the investigation of the above noted case, if the petitioner cooperates in the investigation. 8. In view of the above, the above main petitioner is allowed to go on bail of Rs: 50,000/-(Rupees Fifty Thousand) with one surety of like amount subject to the satisfaction of learned Special Judge, Biswanath with following conditions : i. That the petitioner shall co-operate in the investigation of Helem P.S. Case No. 36/2025; ii. That the petitioner shall appear before the Investigating Officer of the Helem P.S. Case No. 36/2025 as and when so required by him for the sake of fair completion of the investigation; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer; iv. That the petitioner shall not leave the jurisdiction of the Court of learned Special Judge, Biswanath without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and 9. This bail application is accordingly, disposed of. JUDGE Comparing Assistant