Page No.# 1/3 GAHC010276142024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3956/2024 SRI RAJIB PEGU S/O LALIT PEGU VILL- PADMAPUR P.O. GAVORU TUNIJAN, P.S. LALUK DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M K NEOG, MR. S K SINGHA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 12/03/2025 Heard Mr. M K Neog, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sri Rajib Pegu, son of Lalit Pegu, resident of Village-Padmapur, P.O. Gavoru Tunijan, P.S. Laluk, District- Lakhimpur, seeking bail in North Lakhimpur Police Station Case No. 152/2024 registered under Sections 21(c)/29 of NDPS Act corresponding to G.R. No. 400/2024, wherein he was arrested on 08.06.2024 and is in custody since then. 3. During the deliberation of the matter, Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that police after completion of investigation of the case submitted the charge-sheet in said North Lakhimpur P.S. Case No. 152/2024 before the Court of learned Special Judge (NDPS), Lakhimpur, North Lakhimpur. 4. After filing of the charge-sheet in said North Lakhimpur P.S. Case No. 152/2024 under Sections 21(c)/29 of NDPS Act, said case was renumbered as Special (NDPS) Case No. 47/2024 before the Court of learned Special Judge (NDPS), Lakhimpur, North Lakhimpur. 5. The Court called for the records of Special (NDPS) Case No. 47/2024 from the Court of learned Special Judge (NDPS), Lakhimpur, North Lakhimpur. 6. Matter relates to recovery of 216.29 gms. of Heroin from the possession of the accused persons of said North Lakhimpur P.S. Case No. 152/2024 including the petitioner. 7. The FSL report dated 04.11.2024 relating to the seized NDPS items in the case confirmed to be presence of Heroin. 8. It is seen that the Court of learned Special Judge (NDPS), Lakhimpur, North Lakhimpur by order dated 05.02.2025 have framed charge under Sections 21(c)/29 of NDPS Act against the seven accused persons of the case including the petitioner and the matter is now fixed for evidence of the prosecution witnesses. Page No.# 3/3 9. Considering the above, the Court is of the view that the detention of the petitioner in custody since 08.06.2024 cannot be considered for his bail in said Special (NDPS) Case No. 47/2024 arising out of North Lakhimpur P.S. Case No. 152/2024 pending before the Court of learned Special Judge (NDPS), Lakhimpur, North Lakhimpur. 10. Accordingly, this bail application of the petitioner, Sri Rajib Pegu, in said Special (NDPS) Case No. 47/2024 arising out of North Lakhimpur P.S. Case No. 152/2024 stands rejected. JUDGE Comparing Assistant