Page No.# 1/4 GAHC010261242024 2025:GAU-AS:290 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3795/2024 DIPANKAR DAS S/O SRI AJIT DAS, R/O H/NO. 06, GANESHPARA, NEAR UNITED NURSERY SCHOOL, P.S.-FATASHIL AMBARI, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N DUBEY, MS M AHMED,MS. M DAIMARY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08.01.2025 Heard Mr. N Dubey, 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, Dipankar Das, Son of Sri Ajit Das, resident of H/No. 06, Ganeshpara, near United Nursery School, Police Station-Fatashil Ambari, District-Kamrup(M), is praying for his bail in Bharalumukh Police Station Case No. 197/2024, registered under Section 21(b) of the NDPS Act, 1985 corresponding to G.R. No. 6632/2024, wherein, he was arrested on 08.11.2024 and is in custody since then. 3) As per the FIR of the case dated 08.11.2024, lodged by one Sub Inspector of Police of Bharalumukh Police Station stating that on 08.11.2024 at about 07:20 PM, reliable information was received from source that one drug peddler is selling suspected drugs to the youth at Bhoothnath point, thus creating a bad environment and destroying the youth. Accordingly, Bharalumukh P.S. G.D. Entry No. 22 dated-08.11.2024 was made and on being duly authorized, police personnel from Bharalumukh Police Station rushed to the spot. On reaching the said spot, the police personnel found the petitioner selling suspected drugs to the youth at Bhoothnath point. The petitioner tried to flee from the spot, but the police managed to apprehend him and conducted body search on the petitioner. During such body search of the petitioner, 15 nos. of plastic vials containing brown coloured powdery substances suspected to be heroin, containing vials of pink colour-04 Nos., white colour-01 No., green colour-01 No., Light pink colour-01 No., having a total weight of 17.42 gms (with plastic vials) were recovered from his possession concealed in the right side pocket of his jeans pant that was accordingly seized in presence of independent witnesses. 4) Accordingly, Bharalumukh Police Station Case No. 197/2024 under Section 21(b) of the NDPS Act, 1985, corresponding to G.R. No. 6632/2024 was registered against the petitioner. Page No.# 3/4 5) On being enquired, Mr. M P Goswami, learned Additional Public Prosecutor, Assam on instruction of the Investigating Officer of said Bharalumukh P.S. Case No. 197/2024 submitted that till date, charge-sheet in said Bharalumukh P.S. Case No. 197/2024 has not been filed. 6) It is seen that since 08.11.2024, the petitioner is in custody for about 62 days. As such, the petitioner is entitled for his default bail in said Bharalumukh P.S. Case No. 197/2024. 7) Accordingly, the petitioner, namely Dipankar Das, Son of Sri Ajit Das, be granted default bail in said Bharalumukh P.S. Case No. 197/2024 on furnishing a bail bond of Rs. 50,000/- with 2(two) local sureties each of the like amount, one of which shall be a government employee, either Central or State Government, to the satisfaction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati, subject to the conditions that the petitioner, named above — i) shall appear before the concerned Investigating Officer of said Bharalumukh P.S. Case No. 197/2024, as and when he is required for necessary investigation of the case and whenever he is required by the Court and/or Police regarding said Bharalumukh P.S. Case No. 197/2024; ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati on or before 16.01.2025; iii) shall not leave the territorial jurisdiction of Bharalumukh Police Station without obtaining prior written permission from the Investigating Officer of the said 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 8) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Page No.# 4/4 Dipankar Das, Son of Sri Ajit Das, the bail granted to him in said Bharalumukh P.S. Case No. 197/2024 shall stand automatically vacated. 9) This bail application accordingly stands disposed of. JUDGE Comparing Assistant