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2025 DAILYLAW 13396 (GAU)

PUKHRAMBAM KANTA SINGH v. THE STATE OF ASSAM

Bail Appln./1824/2025 · 2025-06-10

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010116552025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1824/2025 PUKHRAMBAM KANTA SINGH S/O SHRI PUKHRAMBAM SANJIT SINGH R/O WAHENG KHURNAR MAYAI LEIKAI, P.S. WANGOI, DIST. BISHNUPUR, STATE- MANIPUR. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, J SINGPHO,A GHOSAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.06.2025 Heard the learned counsel Mr. M Biswas appearing for the petitioner. Also heard Mr. K K Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023, whereby the petitioner Pukhrambam Kanta Singh has prayed for releasing him on bail, after he was arrested in connection with Guwahati G.R.P.S. Case No. 60/2025. Page No.# 2/2 3. Four people were travelling together in a train. From each of them different quantities of ganja were recovered. The Investigating Agency combined the seizure and recovered the total quantity of 65.6 kgs of heroine from those four persons. The present petitioner was carrying 15.600 gms. of ganga with him. 4. Mr. Biswas has submitted that the petitioner has spent 43 days in judicial custody and therefore, no request has been made by the Investigating Officer for interrogating the petitioner. 5. Mr. Parasar has objected to the prayer for bail on the ground that those persons were travelling together in the same train and same quantity of drugs should have been taken as actual seized goods. 6. Mr. Biswas has relied upon the judgment of the Hon’ble Supreme Court that was delivered in Amarsingh Ramjibhai Barot Vs. State of Gujarat reported in (2005) 7 SCC 550. 7. In the said case, it has been held by the Hon’ble Supreme Court that the individual quantity should be considered as seized drugs and not the entire amount of drugs seized from different persons. 8. I have considered the submissions made by the learned counsel of both sides. 9. Intermediate quantity of narcotic drugs was seized from the possession of the petitioner. 10. This Court is of the opinion that at this stage, the petitioner does not deserve to be detained in custody. 11. Therefore, the bail application of the petitioner is allowed. 12. It is hereby directed that the petitioner Pukhrambam Kanta Singh, who was arrested in connection with Guwahati G.R.P.S. Case No. 60/2025, shall be released on bail of ₹50,000/- with a local surety of like amount to the satisfaction of learned Special Judge, NDPS, Kamrup (Metro), Guwahati. The bail application is disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant