Page No.# 1/4 GAHC010149752025 2025:GAU-AS:9819 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2198/2025 RIAZ ALIAS RIAZ UDDIN S/O- SAHADAT ALI, VILL- SIMLAJHAR, P.S- GOBARDHANA, DIST- BAKSA, BTC, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : P. GHOSH, MRS S RAHANA,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30-07-2025 Heard Ms. B. Das, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Riaz @ Riaz Uddin, who has been Page No.# 2/4 detained behind the bars since 04.06.2025 (for last 57 days) in connection with Rangia Police Station Case No. 115/2025 under Section 21(b)/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. 3. The gist of accusation in this case is that on 03.06.2025, one Prajnya Jyoti Dutta, SI of Police, had lodged an FIR before the Officer-In-Charge of Rangia Police Station, inter-alia, alleging that an information was received through reliable sources that two unknown persons would be carrying suspected heroin in a vehicle bearing registration No. AS-15AC-9741. Accordingly, a naka checking was arranged. During naka checking, near NH-27, Rangia, the aforesaid vehicle was intercepted and the present petitioner along with one another accused was apprehended therefrom. During the search of the vehicle, 10 grams of suspected heroin was seized therefrom. 4. Learned counsel for the petitioner submits that the heroin was recovered from below the seat of the driver of the said vehicle and the present petitioner was working as a handyman in the said vehicle. She submits that the present petitioner is innocent and he was not aware of the presence of heroin in the said vehicle. She also submits that the petitioner has been detain behind the bars for last 57 days and the maximum statutory period of detention, for which he can be kept behind the bars in the offence of involved in the aforesaid case is 60 days, therefore, she submits that considering the period of detention, the petitioner may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has produced the Case Diary of Rangia Police Station Case No. 115/2025 and has opposed the grant of bail to the petitioner. He submits that the seized contraband was found Page No.# 3/4 from the conscious possession of the present petitioner as he was also an occupant of the vehicle from which the contraband was recovered. He further submits that investigation has fairly progressed and it is pending mainly for receipt of the FSL report. 6. I have considered the submissions made by learned counsel for both sides and I have gone through the Case Diary. 7. Considering the submissions as well as the period of detention undergone by the present petitioner (57 days), this Court is of the considered opinion that if the petitioner cooperates in the investigation, his further custodial detention may not be necessary for fair completion of investigation. 8. In view of the above, the above-named petitioner is allowed to go on bail of Rs.50,000/-(Rupees Fifty Thousand only) with one suitable surety of like amount, subject to the satisfaction of the learned Special Judge, Rangia 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. 9. This Bail Application is accordingly disposed of. JUDGE Page No.# 4/4 Comparing Assistant