Page No.# 1/3 GAHC010238262025 2025:GAU-AS:15693 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3523/2025 ABDUL SALAM ALIAS BABU ALI SON OF LATE NUR ISLAM RESIDENT OF VILL- BASBARI P.S. MANIKPUR DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19-11-2025 Heard Mr. N. J. Dutta, learned counsel for the accused applicant and Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, praying for Page No.# 2/3 grant of bail to the accused applicant in connection with Basistha P.S. Case No. 515/2025, registered under Sections 21(b)/29 of the NDPS Act, 1985. 3. The allegation, as narrated in the FIR dated 18.10.2025, is that the accused applicant along with two other co-accused persons were apprehended by the police on receipt of certain confidential information. Upon conducting a search, suspected heroin weighing about 48.58 grams along with plastic vials was recovered from them. It is alleged that the total weight of the seized heroin, excluding the plastic vials, was about 24.7 grams, which was recovered from their joint possession. 4. Mr. N. J. Dutta, learned counsel for the accused applicant, submits that the accused applicant is, in fact, a drug addict and is not involved in selling drugs. He further submits that since the suspected heroin recovered from the joint possession of the accused–applicant and the two co-accused is of intermediate quantity, and since the accused applicant has already spent 33 (thirty-three) days in custody, this Court may grant him bail. He also submits that, if enlarged on bail, the accused applicant is ready to cooperate with the investigation. 5. On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor for the State, submits that the investigation is still in progress and therefore opposes grant of bail to the accused applicant at this stage. 6. This Court has perused the materials placed before it and has considered the submissions made by the learned counsel for the respective parties. 7. Taking into account the fact that the accused applicant has already spent 33 (thirty-three) days in custody, and that the quantity of heroin recovered from the joint possession of the three accused persons, including the accused applicant, is of intermediate quantity, this Court is of the opinion that the Page No.# 3/3 present case warrants the grant of bail. 8. In view of the aforesaid prima facie findings, it is directed that the accused applicant shall be released forthwith on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, subject to the following conditions: i. that the accused applicant shall cooperate with the investigation and make himself available before the investigating authority as and when required; ii. that the accused applicant shall not hamper or tamper with the evidence or investigation of the case. 9. In view of the aforesaid directions, the instant bail application stands disposed of as allowed. JUDGE Comparing Assistant