Page No.# 1/4 GAHC010257192025 2025:GAU-AS:16309 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3788/2025 RAMJAN ALI SON OF BAHAR ALI, R/O BEJORSUTI, P.S.BOKO, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MD. A A KHAN,MR A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.11.2025 Heard Mr A Ahmed, learned counsel appearing for the petitioner. Also heard Mr K K Parashar, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023, praying for granting of bail to the petitioner, namely, Ramjan Ali, who is in Page No.# 2/4 custody since 08.10.2025, in connection with Boko PS Case No. 317/2025, under Section 21(b) of the NDPS Act. 3. The brief facts of the case is that one SI Apurba Kalita, In-charge of Sontoli Outpost lodged and FIR before the Officer-In-Charge of Boko Police Station, alleging inter alia, that on 07.10.2025, at about 10:20 pm, he received an information from a reliable source that one drug peddler is carrying out the business of selling heroin in Bejorsuti area under Sontoli Outpost since many days. Accordingly, a GD Entry was made vide GDE No. 99/2025 dated 07.10.2025, and after receiving authority from the superior authority, the informant along with his Police staff proceeded towards the house of petitioner, Ramjan Ali. Thereafter, the informant, after arriving at the house of the petitioner and following due procedures, searched the house of the petitioner in the presence of the independent witnesses. During the search procedure, 2 (two) numbers of different coloured plastic packets containing 48 numbers of plastic containers containing suspected brown colour heroin weighing about 64 grams along with the containers were recovered. Thereafter, the contrabands were seized before the independent witnesses and the petitioner was apprehended and the aforesaid Police Station Case was registered. Hence, this bail application. 4. Learned counsel for the petitioner submits that the accused petitioner was arrested on 07.10.2025 from his residence in connection with the aforesaid case and on 08.10.2025, he was forwarded to the Court of the learned JMFC, Boko. Thereafter, the petitioner filed a bail application before the learned Sessions Judge, Kamrup, Amingaon and the learned Sessions Judge, Kamrup, Amingaon, vide order dated 15.11.2025, was pleased to reject the bail prayer of the petitioner, and as such he has been detained in custody since 08.10.2025, i.e., Page No.# 3/4 32 days in jail hazot, for the offence under Section 21(b) of the NDPS Act. The learned counsel for the petitioner has further submitted that the contraband which has been recovered from the residence of the petitioner is of intermediate quantity. Therefore, the learned counsel for the petitioner has prayed for extending the privilege of bail to the petitioner. 5. The learned Additional Public Prosecutor has submitted that although the prosecution alleges the recovery of 64 grams of suspected brown colour heroin along with the containers from the residence of the petitioner, the petitioner appears to be a peddler and does not deserve to be considered for bail. 6. I have considered the submissions made by the learned counsel for both the parties and I have also gone through the documents annexed with the record. 7. It is an undisputed fact that the recovered quantity falls under the intermediate quantity being greater than the notified small quantity, which is 5 grams but lesser than the commercial quantity, which is 250 grams for the substance in question. 8. Since the quantity involved is apparently intermediate, the stringent rigours and twin conditions mandated under Section 37 of the NDPS Act are not applicable to the present case, and the bail application is to be considered based on general principles under the BNSS, 2023. 9. In view of the above, this Court is of the opinion that the privilege of bail may be extended to the petitioner. Accordingly, the petitioner is enlarged on bail of Rs. 50,000/- with 2 (two) suitable sureties of the like amount to the satisfaction of the learned Special Judge–cum-Sessions Judge, Kamrup, Page No.# 4/4 Amingaon, Assam , under the following conditions that:- i. the accused shall appear before the Investigation Officer of said Boko Police Station Case No. 317/2025 as and when he is required for necessary investigation; ii. he shall not leave the territorial jurisdiction of Boko Police Station, without obtaining prior written permission from the concerned Investigation Officer of the case; iii. he shall not hamper with the investigation, or tamper with the evidence of the case; iv. he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing facts to the Court or to any Police Officer; and v. he shall not involve himself in any criminal activities in future. 10. In case of any violation of the aforesaid terms and conditions by the petitioner, the bail granted to him in the aforesaid Boko Police Station Case No. 317/2025 shall stand liable to be revoked. 11. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant