Page No.# 1/3 GAHC010280352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./17/2025 SRI PRAFULLA NATH S/O SRI NANDA NATH R/O VILL- KHERONI NATH GAON, P.O. AND P.S. SIMEN CHAPORI, DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. U DUTTA, B DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 24.01.2025 Heard Mr. U. Dutta, 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 B.N.S.S., is preferred by accused namely, Sri Prafulla Nath, who has been languishing in jail hazot in connection with the Silapathar P.S. Case No. 225/2024, under Sections 21(b)/29 of the N.D.P.S. Act, for granting bail. 3. It is to be noted here that the said case has been registered on the Page No.# 2/3 basis of an F.I.R. lodged by S.I.(U.B.) Jyoti Kamal Bania, on 25.11.2024. The essence of allegation in the F.I.R. against the accused is that 24.46 grams of suspected heroin (brown sugar) was recovered from his possession, while the same was carrying in a vehicle, bearing registration No. AS-22-G-7377. 4. Mr. Dutta, learned counsel for the accused submits that the present accused is the owner of the aforesaid vehicle and he used the same for personal work and that nothing has been recovered from his possession and therefore, it is contended to allow the petition. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor has opposed the petition on the ground that the investigation is yet to be completed and the F.S.L. report has not yet been received. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record. 7. It appears that the accused was arrested on 25.11.2024, and since then he has been languishing in jail hazot for last 59 days. 8. It is to be noted here that as the case was registered under Sections 21(b)/29 of the N.D.P.S. Act, the mandatory period of detention is 60 days and today is the 59th day of detention of the accused in jail hazot. Admittedly, till date, no charge sheet has been submitted by the I.O. and as such, there is no chance of submission of charge sheet within the stipulated period. It is also to be noted here that nothing has been recovered from his possession. However, the contraband substance allegedly recovered from the possession of the co- accused is of intermediate quantity. 9. Under such circumstances, further custodial detention of the accused Page No.# 3/3 is found to be not necessary herein this case and accordingly, it is provided that on furnishing a bond of Rs. 50,000/- only with one surety of like amount to the satisfaction of the learned Special Judge, NDPS Act, Dhemaji the accused be enlarge on bail. 10. In terms of above this B.A. stands disposed of. JUDGE Comparing Assistant