Page No.# 1/3 GAHC010279302024 2025:GAU-AS:574 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3965/2024 LILIMA KHATUN W/O. ABUL BASHAR, VILL. SOLSOLI, P.O. HAIBARGAON, P.S. NAGAON (SADAR), DIST. NAGAON, ASSAM, PIN-782002 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : Robiul Hoque, MRS. ROMA ENGTIPI,MRS. R MOMTAZ,ALHAJJ I UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 21.01.2025 Heard Mr. A. I. Uddin, learned counsel for the accused and Mr. M.P. Goswami, learned Additional Public Prosecutor, for the State respondent. 2. This application under Section 483 of the BNSS, 2023 is preferred by accused, namely, Lilima Khatun, who has been languishing in jail hazot, in Page No.# 2/3 connection with Laluk P.S. Case No. 202/2024, under Section 21(b)/29 NDPS Act, 1985 since 25.11.2024. 3. It is to be noted here that, above noted case has been registered on the basis of an FIR lodged by one SI Chiranjib Boruah, on 24.11.2024. The essence of allegation, against the present accused is that on 24.11.2024, SI Chiranjib Boruah, has intercepted one public bus at Harmuty, bearing registration No. AS- 07C-7889 and apprehended the present accused from the said public bus and recovered 52.08 grams of suspected heroine from her possession. 4. Mr. Uddin, learned counsel for the accused submits that the accused was arrested on 25.11.2024, and since then she has been languishing in jail hazot for last 58 days and that the contraband substance allegedly recovered from the possession of the accused is of intermediate quantity. Mr. Uddin, learned counsel for the accused further submits that the mandatory period of detention is 60 days and there is no chance of filing charge-sheet within the stipulated period of 60 days and that the accused is ready to co-operate with the investigating agency and therefore, it is contended to allow this petition. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the FSL report is not available in the same, and as such, there is no chance of completion of investigation within 60 days. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. M.P. Goswami, learned Additional P.P. 7. It is not in dispute that the quantity of contraband substance, allegedly Page No.# 3/3 recovered and seized from the possession of the accused is 51.08 grams, which is of intermediate quantity. Further, it appears that she has been languishing in jail hazot for last 58 days and the FSL report is yet to be collected and as such, there is no possibility of submission of charge-sheet within the statutory period of detention. 8. Under such circumstances this Court is inclined to allow this petition. It is provided that on furnishing a bond of Rs. 50,000/- one surety like amount to the satisfaction of the learned Special Judge NDPS Act, Lakhimpur at North Lakhimpur, the accused shall be enlarge on bail. 9. CD shall be returned. JUDGE Comparing Assistant