Page No.# 1/4 GAHC010266642025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3913/2025 BABU DAS ALIAS GAON S/O SRI BHUPEN DAS R/O BORIGAON, P.S. AND DIST.JORHAT, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P KATAKI, MRS R BEGUM,MS. A LALA,MS S BARPUJARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 04.12.2025 Heard Mr. P. Kataki, learned counsel appearing for the accused/applicant. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State. Page No.# 2/4 This is an application under Section 483 of the BNSS, 2023 praying for bail to the accused/applicant, viz., Sri Babu Das @ Gaon in connection with Jorhat P.S. Case No.573/2025 registered under Section 21(b)/25/29 of the NDPS Act, 1985. The gist of the allegation as alleged in the F.I.R. dated 30.10.2025 is that on receipt of certain information of drug peddling, the police team went to the residence of the accused/applicant and recovered suspected heroin weighing 12.23 gms. On receipt of the F.I.R., Jorhat P.S. Case No.573/2025 under the aforementioned sections was registered against the accused/applicant. The accused/applicant was arrested on 31.10.2025 and since then he is behind the bars. Mr. Kataki, learned counsel for the accused/applicant submits that the accused/applicant is a habitual drug addict and whatever recovered from his possession was not meant for any peddling or smuggling, rather, for his personal use. He further submits that taking into account the fact that he is behind the bars for last 37 days and the quantity so recovered is though intermediate quantity as prescribed in the NDPS Act, is on the lesser side of intermediate quantity and taking into account all those material fats this Court may allow the accused/applicant to go on bail at this stage. The learned Addl. P.P., on the other hand, submits that the Page No.# 3/4 accused/applicant should not be granted bail at this stage without perusal of the Case Diary and therefore, he opposes the prayer for bail. This Court has gone through the materials brought before the Court as well as heard the submissions of the learned counsel for the parties. Taking into account the submission that the accused/ applicant is a habitual drug addict and the quantity so recovered from his house is of the lesser side of intermediate quantity, this Court is of the view that at this stage, since he has already spent 37 days in custody, he should be allowed to go on bail. Accordingly, it is directed that that the accused/applicant should be released on bail on furnishing a bail bond of Rs.50,000/- with a surety of like nature to the satisfaction of the learned Special Judge (NDPS), Jorhat subject to the following conditions :- (1) That the accused/applicant shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (2) That the accused/applicant shall not leave the leave the jurisdiction of the learned Special Judge (NDPS), Jorhat without prior permission; (3) That the accused/applicant shall not commit any offence while on bail. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant