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2025 DAILYLAW 18288 (GAU)

RAMLAL SAH v. THE STATE OF ASSAM

Bail Appln./2809/2025 · 2025-09-07

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010191452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2809/2025 RAMLAL SAH SON OF KANAIHA SAH, RESIDENT OF- BAPUJI NAGAR, P.S. NOONMATI DISTRICT- KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. P K SARMA, MS. P KAKATI,MS R SAHIN,MS M KAKOTY,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.09.2025 1. Heard Mr. P. K. Sarma, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. The application under Section 483 of BNSS, 2023, has been filed by the petitioner, namely, Ramlal Sah, who has been detained behind the bars since 14.07.2025 (for last 56 days) in connection with Panbazar P.S. Case No. Page No.# 2/3 234/2025 under Sections 20(b)(ii)(B) of the NDPS Act, 1985. 3. The gist of the accusation in this case is that on 14.07.2025, one Pranab Kr. Deka had lodged an FIR before the Officer-in-charge of Panbazar Police Station, inter alia, alleging that on getting of an information through reliable sources that a person would be carrying suspected ganja in a scooty and would be travelling by ferry from North Guwahati, a team of police personnel was constituted and it rushed to this spot. During the naka checking, at the route leading to Rajaduar Ferry Ghat, one TVS Jupiter Scooty, bearing Registration No. AS-01-GF-3836 was intercepted and the said scooty was driven by the present petitioner. On search of the said scooty, 1.950 kgs of suspected ganja (cannabis) was recovered from the petitioner. 4. The learned counsel for the Petitioner submits that the petitioner has been detained behind the bars for last 56 days and considering the fact that only intermediate quantity of contraband is involved in this case, the maximum period of detention during investigation period is only 60 days and, therefore, he submits that considering the period of detention, he may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Panbazar P.S. Case No. 234/2025 and has submitted that though there are sufficient incriminating materials against the petitioner, however the investigation has fairly progressed and it is pending only for receipt of the Forensic Laboratory Report. 6. I have considered the submissions made by the learned counsel for both sides. Page No.# 3/3 7. Considering the period of detention as well as the fact that the investigation has fairly progressed, this Court is of considered opinion that further custodial detention of the petitioner may not be necessary for fair completion of the investigation, if he co-operates in the investigation. 8. In view of the aforesaid reasons, the petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Special Judge, Kamrup(M) with following conditions:- (i) 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 of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 9. This bail application is accordingly disposed of. 10. Send back the case diary. JUDGE Comparing Assistant