Page No.# 1/4 GAHC040020242025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/152/2025 Tatum Mara @ Giotum Son of Namra Mara, permanent residence of Mara Village, PO and SP Taliha, Upper Subansiri District, Arunachal Pradesh and presently residing at Sigin Colony, Daporijo, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP and Anr through the PP of AP 2:Tanga Nirin (SI) (SG) Age: 0 Occupation : Dumporijo Police Station Upper Subansiri District Arunachal Pradesh Advocate for the Petitioner : Taba Topu, Likha Kagung,Tokdak Tamin Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 11.12.2025 Heard Mr. T. Tamin, learned counsel appearing for the accused applicant and Mr. D. Loyi, learned Public Prosecutor for the State. This is an application under Section 483 of the BNSS, 2023 praying for Page No.# 2/4 release of the accused person on bail in connection with Dumporijo P.S. Case No. 16/2025 under Section 21(b) of NDPS Act, 1985 read with Section 3(5) of BNS, 2023. The instant application has been filed by the accused applicant, namely, Tatum Mara @ Giotum being authorized by the accused person, namely, Pajen Mara. The gist of the facts as has been alleged in the FIR dated 16.09.2025 is that on receipt of certain confidential information on 15.09.2025 about storing of certain narcotic drugs at the residence of Pajen Mara of Mara Village, Dumporijo, the police team proceeded to the residence of accused person and from the house of the accused person i.e. Pajen Mara, 78 vials containing suspected heroin weighing 7.8 gms (without vials) was recovered. Accordingly, on receipt of the FIR, Dumporijo P.S. Case No. 16/2025 under the aforementioned sections was registered against the accused person and the accused person was arrested on the same day i.e. on 16.09.2025. Since then the accused person, Pajen Mara is behind the bar for the last 85 days. The learned counsel appearing for the accused applicant submits that though the accused person is arrested more than 85 days back and behind the bar, no charge sheet has been filed, as yet. Therefore, he submits that since the narcotic drugs that has been alleged to have been recovered from his place is of intermediate quantity, he should be released on default bail. The learned Public Prosecutor, Mr. D. Loyi has submitted that in the instant case, charge sheet is yet to be filed and therefore, the accused person is liable to be released on default bail. This Court has gone through the materials brought before this Court and Page No.# 3/4 on the basis of the submissions made by the learned counsel for the respective parties, is of the opinion that since the accused person has already spent more than 60 days behind the bar, the accused person is liable to be released on default bail, at this stage. Accordingly, it is directed that the accused person, namely, Shri Pajen Mara shall be released on bail on furnishing a bail bond of Rs.20,000/- with a surety of like nature to the satisfaction of the learned Special Judge (NDPS), Basar, Leparada District. However, the aforesaid bail order shall be subject to the following conditions:- (i) That the accused person shall appear before the Investigating Officer as and when so required by the I.O.; (ii) That the accused person shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the I.O.; (iii) That the accused applicant shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card as well as, mobile number, and other contact details before the I.O.; and (iv) That the accused applicant shall not commit any offence while on bail. In view of the aforesaid directions, this Bail Application is disposed of, as allowed. JUDGE Page No.# 4/4 Comparing Assistant