Page No.# 1/4 GAHC040004522025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/31/2025 Limo Ado Son of Late Moli Ado, a permanent resident of Village Kombo Jirdin, PO and PS Aalo, West Siang District, Arunachal Pradesh VERSUS The State of AP represented through the PP of AP Advocate for the Petitioner : Kemo Lollen, Nyai Loyi,Arun Yun,Maryum Sora,Geli Taye Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 01-04-2025 This is an application under Section 483 of the BNSS, 2023, praying for bail to the accused person, namely, Sri Moge Ado, who was arrested on 21.12.2024 in connection with Aalo P.S. Case No. 78/2024, under Sections 21(a)/27(a)/27-A of the NDPS Act, 1985. 2. Heard Mr. K. Lollen, learning counsel appearing for the accused applicant, Sri Moge Ado, who was submitted that the accused was arrested on 21.12.2024 in Page No.# 2/4 connection with the above-stated case, and he has taken the Court to the F.I.R. at Page No. 15 of the application. The learned counsel has stated that in the F.I.R., the objects which were seized from him are (i). Suspected heroin in a blue tobacco container weighing 0.76 grams; (ii). Five number of syringes; (iii). Empty vial – 1 Nos ; (iv). Mobile model No. T2X 5G, bearing IMEII 861668069968579, IMEI2; 861663069968561 bearing SIM card number 9362956904; (v). Cash amount of Rs. 9620; (vi). Hyundai Verna car, bearing registration number AS01MA9060; (vii). Hyundai Verna car key, and (viii). Navy blue sling bag. He has stated that the alleged contraband substance, heroin, which was seized from him, weighed 0.76 grams, which is a small quantity, and hence, it is a bailable offence. 3. The learned counsel, also states that the I.O. has erroneously charged him under Section 27-A of the NDPS Act, which is punishment for financing illicit traffic and harbouring offenders. He has strenuously argued that the F.I.R. dated, 21.12.2024, nowhere shows that the accused was indulging in financing illicit traffic or harbouring offenders. He has stated that he has already filed two bail applications before the learned Special Judge, Aalo, however, both the bail applications were rejected on the ground that there is a witness by the name of Shri Nayajum Ori, who had stated before the Police that, whenever, he needed drugs, he used to get the same from the present accused person, and that even on 21.12.2024, as he wanted drugs, he had called the accused person and bought drugs for Rs 500/- (Rupees Five Hundred) from the accused. Therefore, the accused being a habitual offender and also a drug supplier, and the investigation being at the initial stage, the learned Court below had declined bail to the present accused person. The learned counsel, therefore, submits that Section 27-A of the NDPS Act has been wrongly charged against the accused applicant, and Section 21(a) of the NDPS Act being a bailable offence, he prays that the accused applicant may be granted bail at this stage. 4. I have also heard the learned Additional Public Prosecutor, Mr. T. Ete for the Page No.# 3/4 State, who has produced a copy of the Case Diary and has submitted that the accused person has been selling drugs and indulging in drug peddling for a long time, and he has other cases pending against him. He has referred to the statement of one Shri Nayajum Ori during the investigation, wherein, the said person had stated before the I.O. that he has been using drugs for the past one year, and he had met the accused person through common friends and they exchanged numbers. Whenever he wanted to take drugs, he used to call the present accused and get the stuff. Even on 21.12.2024, he stated that he had called the accused person as he had come to Aalo for some work and bought drugs worth Rs. 500/- (Rupees Five Hundred) from the accused person. The learned Additional Public Prosecutor, therefore, states that there is a prima facie case against the accused person for dealing and trafficking in contraband substance and therefore, he objects to the bail application at this stage as the investigation may reveal more involvement of the accused person. The learned Additional Public Prosecutor, therefore, submits that Section 37 of the NDPS Act is attracted in the present case as the accused person has been charged under Section 27-A of the NDPS Act. 5. I have considered the submissions of the opposing counsels and I have also perused the Case Diary including the F.I.R., dated 21.12.2024. 6. On going through the same minutely, this Court is prima facie of the view that the contraband substance which was seized from the accused person is of 0.76 grams, heroin, which is a small quantity and accordingly, is a bailable offence. This Court has also not been able to find any material from the records to show that the accused person has been indulging in financing the illicit trafficking or harbouring offenders in order to attract the provisions of Section 27-A of the NDPS Act. This Court is, therefore, of the view that the present case being a bailable offence, the accused person is entitled to be released on bail at this stage. Accordingly, this bail application is allowed. Page No.# 4/4 7. The accused person, namely, Sri Moge Ado, in connection with Aalo P.S. Case No. 78/2024, under Sections 21(a)/27(a)/27-A of the NDPS Act, 1985, shall be released on bail on executing a bail bond of Rs 30,000 /- (Rupees Thirty Thousand) with one local surety to the satisfaction of the learned Special Judge, NDPS, Aalo. The learned Special Judge shall also impose any other conditions in order to secure the presence of the accused person during the investigation and the trial. 8. With this observation and direction, the bail application stands disposed of. 9. It is made clear that the observations made by this Court are purely prima facie in nature and shall not have any persuasive effect on the findings of the learned Trial Court. JUDGE Comparing Assistant