Page No.# 1/3 GAHC040006212025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/42/2025 Philip Lego Son of Shri Late Kangkom Lego, permanent resident of Village Ezengo, PO and PS Roing, Lower Dibang Valley District, Arunachal Pradesh. present address Niti Vihar Type 4 Qtr No.3, PO Itanagar, PS Niti Vihar, District Papum Pare, Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Jaya Doji, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 15-05-2025 Heard Ms.Jaya Doji, learned counsel for the petitioner. I have also heard Ms. T. Jini, learned Adll. P.P. for the State. 2. Earlier, the bail application filed by the petitioner before the Special Judge, NDPS, Yupia was rejected on 10.5.2025, on the ground that the investigation was still at the initial stage. This is a subsequent bail Page No.# 2/3 application filed under section 483 BNSS, 2023 seeking release of the accused Shri Oling Lego on bail. The accused was arrested, and now inside the custody in connection with DMK PS Case No.49/2025 under section 281/132 BNS read with section 21(a)/27(a) of NDPS Act. 3. The case of the petitioner is that based on a written FIR lodged by one M.A. Nur on 5.4.2025, the case being DMK PS Case No.49/2025 was registered and the accused was arrested on the same day and since then he is under the custody. The allegation against the accused is that he was found in possession of one vial of heroine weighing 0.12 gms. The learned counsel for the petitioner while denying recovery of any substances from the possession of the arrested accused further submits that the accused is only a consumer and not a peddler. Furthermore, it is submitted that after his arrest, the accused is experiencing withdrawal symptoms for which he need urgent medical treatment, and for which, he may have to be sent to a rehabilitation center. In addition, the learned counsel for the petitioner submits that, in the instant case, the co-accused has already been enlarged on bail, therefore prays for the release of the accused. 4. The Case Diary have been received, and I have perused the same. 5. Ms. T. Jini, learned Addl. Public Prosecutor, while referring to the Case Diary and the status report of the I.O, submits that after his arrest, the accused is co-operating with the investigating agency. He further submits that as per the status report, the investigation in respect of the present accused is complete as all necessary evidence have been collected, and therefore, further custodial interrogation of the accused is no longer required. Page No.# 3/3 6. Having heard the learned counsel for the parties and on consideration of the record it appears that the investigation in respect of the accused is complete, as such further, detention for custodial interrogation is no longer required. 7. In light of the above, the prayer for release of the accused is allowed. Accordingly, the accused is directed to be released on bail on execution of bail bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the Special Judge, NDPS, Yupia, Papumpare with a further condition that:- (i) the accused shall appear before the I.O. of the case as and when called. (ii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or any Police Officer. (iii) The accused shall not commit similar nature of offence as he is alleged of commission of the offence. 8. With the above, this bail application is allowed and disposed of. 9. Return the Case Diary. JUDGE Comparing Assistant