Page No.# 1/3 GAHC030007132025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./34/2025 Sh. Lalthanzama S/o Lalthanmawia R/o ITI Veng, Aizawl, Mizoram VERSUS 1. State of Mizoram and Anr. R/b Secretary Excise and Narcotics Department Aizawl, Mizoram 2:The Officer-in-Charge. Advocate for the Petitioner : Mr. S. Vanlalhriata Advocate for the Respondent : Mrs. Linda L. Fambawl, PP, Mizoram for R1 & R2 BEFORE HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 31.10.2025 1. Heard Ms. Vanlalchhandami, learned Counsel for the accused/petitioner. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor appearing for the State respondent. Page No.# 2/3 2. The main grievance of the accused/petitioner in the present criminal petition under Section 528 of the Bharatya Nagarik Suraksha Sanhita, 2023 (BNSS) is that the accused/petitioner was granted bail by the learned Special Court, ND&PS Act, Aizawl Judicial District, Aizawl by an order dated 24.09.2025. However, in the said bail order, the Condition Nos. 1 and 2 are stated to be onerous conditions and therefore, the accused/petitioner is unable to comply with Condition Nos. 1 and 2 as he is a mere Driver and he does not know any Government Employees of the rank of LDC or above. 3. The accused/petitioner has therefore prayed that this Court may modify/review the bail Condition Nos. 1 and 2 in order to enable him to execute the bail bond. 4. It is stated that in view of the Condition Nos. 1 and 2, the accused/petitioner is still in custody as he is unable to fulfill the conditions. 5. The learned Public Prosecutor has fairly submitted that this Court has the discretion to modify the conditions. However, it is also submitted that the case pertains to the seizure of commercial quantity of heroin and the accused/petitioner has been charged under Section 21(c) of the ND&PS Act and therefore, the Court needs to take care that the accused/petitioner does not abscond or violate the conditions of the bail so granted. 6. This Court is of the view that the present petition can be disposed of at this stage by modifying the Condition Nos. 1 and 2 of the Bail Order dated 24.09.2025. Page No.# 3/3 7. Accordingly, the Condition No. 1 is modified to the extent that the bail bond shall be an amount of Rs. 50,000/- (Rupees fifty thousand) only to be executed by the accused/petitioner with two sureties of the like amount and the Condition No. 2 is modified to the extent that one surety shall be a permanent resident of Aizawl, who shall be a Government employee. 8. With the above modified conditions, the Criminal Petition stands allowed and disposed of. JUDGE Comparing Assistant