Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010127822025
2025:GAU-AS:9130
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1959/2025 MINTU MISHRA ALIAS MINAL SON OF LATE RAMEN MISHRA R/O SOURAV NAGAR KRISHNAPUR CHARIALI, HOUSE NO. 3, P.S.
BASISTHA, DIST. KAMRUP (METRO), STATE- ASSAM PERMANENT ADDRESS- VILL- VILL- BORNADI, KOLBARI P.S. BELSOR, DIST. NALBARI, STATE- ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M HANDIQUE, MR N AHMED,MS P BORA,K K DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 15.07.2025
1. Heard Mr. M. Handique, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor
Page No.# 2/3 appearing for the State of Assam.
2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Mintu Mishra@Minal who has been detained behind the bars since 16.05.2025 (for the last 60 days) in connection with Basistha P.S. Case No. 276/2025 under Sections 21(b)/29 of the NDPS Act, 1985.
3. On perusal of the records, it appears that the contraband seized in this case is heroin weighing about 35 grams. Thus, the contraband is less than commercial quantity and more than small quantity and thus falls within the category of intermediate quantity and for which the maximum period of detention under Section 487 of BNSS, 2023 is 60 days. As the petitioner has already been detained behind the bars for the last 60 days is entitled to get bail in this case.
4. The above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(Metro) with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other 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 or to any Court.
5. Send back the Case Diary.
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6. With the above observations, this bail application is accordingly
disposed of.
JUDGE Comparing Assistant