Page No.# 1/3 GAHC010212252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3083/2025 MOHIBUL MONDAL S/O. ABU BAKKAR MONDAL, RESIDENT OF VILLAGE KATHALDI PT 3, PS BILASIPARA, DISTRICT DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR R A AHMED, MR. N J DUTTA,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24.09.2025 1. Heard Mr. N.J Dutta, learned counsel of the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner Sri. Mohibul Mondol in connection with Bilasipara PS Case No. 230/2025 under Section 20(c) Page No.# 2/3 NDPS Act. 3. The facts of the case are that the informant namely SI (P) Jyotirmoy Das lodged an FIR before the Officer-in-Charge of Bilasipara police station on 29.07.2025 alleging inter-alia that a secret information was received by O/C Bilasipara P.S. on 29.07.2025 at about 8.36 P.M. that two person in a super splender bike carrying large quantity of suspected narcotics drugs to Bilasipara town through Baniapara Bridge. Accordingly, GD Entry was made by O/C Bilasipara P.S. and authorized the informant to conduct. search and seizure at Baniyapara Bridge. Accordingly, the informant along with WSI Diki Talukdar and other staff reached the spot and apprehended the two accused persons along with their bike. Thereafter, search was conducted and from their helmet totals 288 nos. tablets of Sampex Tramadol of total weight 243 grams, 100 numbers of Nitcor Nitrazepam 10 gm weighing 72 gram were recovered and seized. Hence, the case. 4. It is submitted that although the case is registered under Section 22(C) of the NDPS Act, it is apparent from the seizure list that the quantity of seized contraband would place the case in the category of intermediate quantity. 5. A perusal of the seizure list would show that 243 grams of SAMPEX Tramadol Hydrochloride were seized and the commercial quantity in respect thereof is 250 grams and 72 grams of Nitcor Nitrazepam were also seized wherein the commercial quantity is 500 grams. Hence, it is apparent that the offence relates to intermediate quantity and that statutory period of detention in respect of such offence is 60 days. The petitioner has already spent 58 days behind bars. 6. Having regard to the above, the prayer for bail is allowed. The accused/petitioner Sri. Mohibul Mondol is allowed to go on bail of Rs. 50,000/- with 2(two) sureties of the like amount to the satisfaction of the Page No.# 3/3 Ld. Additonal Sessions Judge, Bilasipara under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iii) The petitioner shall not leave his place of residence without the permission of the Ld. Additonal Sessions Judge, Bilasipara. 7. Accordingly, the petition stands allowed and disposed of. JUDGE Comparing Assistant