Page No.# 1/3 GAHC010013812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3957/2024 TRISHA DAS D/O LATE BISHNU DAS R/O KHARGHULI P.S. LATASHIL PIN- 781004 DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR MINTU SAIKIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 24.01.2025 Heard Mr. B.K. Mahajan, learned counsel for the accused and also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, appearing for the State Page No.# 2/3 respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Trisha Das, who has been languishing in jail hazot since 10.12.2024, in connection with Paltanbazar P.S. Case No.444/2024 under Section 20(b)(ii)A/21(b) of the NDPS Act, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Nabajyoti Changmai of Paltanbazar Police Station on 10.12.2024. The essence of allegation against the present accused is that on 10.12.2024 at about 8:30 p.m., the informant, acting on a tip off, about illegal possession and selling of suspected Heroin/psychotropic substances at New Star Unisex Beauty Spa Salon at Ulubari, conducted search in the said salon and apprehended the present accused with Saleha Khatun and one Munni and recovered 9.28 gm of suspected Heroin and 81.05 gm of Ganja and seized the same in presence of witnesses. 4. Mr. Mahajan, learned counsel for the accused submits that the accused was arrested on 10.12.2024 and since then she has been languishing in jail hazot for last 45 days and that the accused is innocent and she was working in the Spa for her livelihood and she is no way involved with the offence alleged in the FIR and that the quantum of contraband substances allegedly recovered from their possession is of intermediate quantity and the mandatory period of detention is 60 days and the accused is behind the bar for 45 days and the investigation, in the meantime, might have been completed and as such, further custodial detention of the accused may not be warranted and therefore, it is contended to allow the petition. 5. On the other hand, Mr. 5. On the other hand, Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam, producing the case diary before this Court submits that the I.O. has collected sufficient incriminating materials against the present accused and investigation is going on and the FSL report is yet to be collected and as such, Mr. Goswami has opposed the petition. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petitioner and the documents placed on record and also perused the case diary with the assistance of Mr. Goswami, learned Additional P.P. 7. It appears that the quantity of contraband substances allegedly recovered from the Page No.# 3/3 possession of the accused person is of intermediate quantity and further it appears that she is languishing in jail hazot for last 45 days and besides she is a lady and the investigation also progressed significantly and in view of the progress of investigation, her further custodial detention seems to be not warranted here in this case. And therefore, this Court is inclined to allow the petition. It is provided that on furnishing a bail bond of ` 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge under NDPS Act, Kamrup(M), the accused, namely, Trisha Das, shall be enlarged on bail. 8. In terms of above, this bail application stands disposed of. 9. CD be returned. Comparing Assistant Sd/- Robin Phukan JUDGE