Page No.# 1/3 GAHC010260392024 2025:GAU-AS:144 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3771/2024 ATUL DAS S/O DIMBESWAR DAS PERMANENT RESIDENT OF BIBIJAN, WARD NO. 5, P.S. TITABAR, DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R CHETRI, MR N MILI,MR. M S BAISHYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 06.01.2025 Heard Mr. R Chetry, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Sri Atul Das, Son of Dimbeswar Das, resident of Bibijan Ward No. 5, Police Station-Titabar, District- Jorhat is praying for his bail in Titabar Police Station Case No. 97/2024, registered under Section 20(b)(ii)(B) of the NDPS Act, 1985 corresponding to G.R. No. 234/2024, wherein, he was arrested on 06.11.2024 and is in custody since then. 3. As per the FIR dated 06.11.2024, lodged by one WSI before the Officer-in-Charge of Page No.# 2/3 Titabar Police Station, the case is that on 05.11.2024 at about 10:40 PM, reliable information was received from source regarding illicit peddling of Narcotic drugs. Accordingly, Titabar Police Station General Diary entry was made vide G.D.E. No. 30 dated 05.11.2024 and on being duly authorized, police personnel from Titabar Police Station rushed to the house of the petitioner and another, namely, Sunil Das. From the house of the petitioner police seized suspected Ganja (Cannabis) weighing 1060 Grms and from the house of the another accused, namely, Sunil Das, seized 1917 Grms. of suspected Ganja(Cannabis) in presence of independent witnesses. 4. Accordingly, said FIR dated 06.11.2024 was registered as Titabar Police Station Case No. 97/2024 under Section 20(b)(ii)(B) of the NDPS Act, 1985 and the petitioner was taken into custody on 06.11.2024. 5. Case diary is placed before the Court today by Mr. M P Goswami, learned Additional Public Prosecutor, Assam. 6. The petitioner, considering his length of detention in custody since 06.11.2024, has filed this bail application seeking his bail in said Titabar Police Station Case No. 97/2024. 7. On being enquired, Mr. M P Goswami, learned Additional Public Prosecutor, Assam submitted that though investigation of the case is complete, but, due to non-availability of the FSL report, charge-sheet could not be filed in the said case till date. 8. Considering the length of detention of the petitioner in custody since 06.11.2024, it is found that the petitioner is in custody for more than 61 days, as on today. Thereby, the petitioner has completed the mandatory period of detention, whereas, the State/prosecution has failed to submit the charge-sheet within the statutory time limit as prescribed by the relevant laws in force. 9. Hence, considering the same, the petitioner, named above, is entitled for his default bail in said Titabar P.S. Case No. 97/2024. 10. Accordingly, the petitioner, namely, Sri Atul Das, be granted default bail in said Titabar P.S. Case No. 97/2024 on furnishing a bail bond of Rs. 75,000/-, with 2(two) local sureties, each of the like amount, one of which shall be a government employee, either Central or Page No.# 3/3 State Government, to the satisfaction of the learned Special Judge (NDPS) cum Sessions Judge, Jorhat, subject to the conditions that the petitioner, named above — i) shall appear before the concerned Investigating Officer of said Titabar P.S. Case No. 97/2024, as and when he is required for necessary investigation of the case; ii) shall surrender his passport, if any, before the learned Special Judge (NDPS) cum Sessions Judge, Jorhat on or before 13.01.2025; iii) shall not leave the territorial jurisdiction of Titabar Police Station without obtaining prior written permission from the Investigating Officer of said Titabar P.S. Case; iv) shall not hamper with the investigation, or tamper with the evidence of the case; v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer and; vi) shall not involve himself in any criminal activities in the future, including procurement, possession and sale of such NDPS items. 11. 11. Any violation of the aforesaid terms and conditions by the petitioner, namely, Sri Atul Das, the bail granted to him in said Titabar P.S. Case No. 97/2024 shall stand automatically vacated. 12. This bail application accordingly stands allowed. 13. Return the case diary herewith. JUDGE Comparing Assistant