Page No.# 1/3 GAHC010206492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2990/2025 BASANTA DAS ALIAS BALA S/O- ANIL DAS, R/O- SEUJ NAGAR , RAJABARI GARMUR, P.S AND DIST- JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. U K DEKA, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 24.09.2025 Heard Mr. U.K. Deka, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner who was arrested on 20.07.2025 in connection with Jorhat Police Station Case No. 363/2025 under Section 363/2025 under Section 21(b)/25 of the Narcotic Drugs & Psychotropic Substances Act, 1985. 3. Mr. U.K. Deka, learned counsel appearing for the petitioner submits that nothing was recovered from the possession of the present petitioner and he has been arrested upon implication by the main accused whose statement is not admissible in evidence. 4. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor submits that there are sufficient materials against him available in the Case Diary. 5. It is submitted that besides the implication by the main accused, it is revealed from the Case Diary that the petitioner is a habitual drug peddler and he is involved in a series of cases and 6 numbers of such cases have been mentioned in the Bail Objection filed by the case I.O, some of which are under the ND&PS Act. 6. It is further stated that the petitioner who was earlier granted bail in the above cases has not abided by the terms and conditions as laid down by the Court while granting bail and has involved himself against in the same offence. Further, investigation into his financial transactions revealed a large number of transactions in his bank account totalling Rs. 4,60,550/- which is a huge amount Page No.# 3/3 for a labourer and the same is likely the proceeds of crime. Further, Section 27(A) of the ND&PS Act is attracted in the present case and the I.O has made a prayer for addition of the same. 7. Consequently, the bar of Section 37 of the ND&PS would be applicable while considering the bail petition. 8. Upon perusal of the Case Diary, I find force in the submission of learned Additional Public Prosecutor. 9. The decision of the Hon’ble Supreme Court in State (By NCB), Bengaluru Vs. Pallulabid Ahmad Arimutta & Another reported in (2022) 12 SCC 633 cited by the petitioner is not applicable in the instant case as besides the statement of the co-accused, there are other materials against the accused person as outlined above. 10. Considering the above, the prayer for bail stands rejected. 11. Send back the Case Diary. JUDGE Comparing Assistant