Page No.# 1/4 GAHC040009012025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/80/2025 Khampai Wangsu Son of T Wangsu, resident of Village Niausa, PO and PS Longding, Longding District, Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Uttam Bori, W Wangsu,Moni Bori,Eddie Payeng Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MR. JUSTICE BUDI HABUNG 09.06.2025 Heard Mr. U. Bori, learned counsel for the accused applicant and Ms. L. Hage, learned Addl. PP for the State. 2. By filing this application under Section 482 of BNSS, 2023 the accused applicant is seeking grant of pre-arrest bail apprehending his arrest in connection with NDPS Case No. 03/2020 in Itanagar P.S. Case No. 127/2016 under Section 22 (b) NDPS Act read with 25 (1A) Arms Act. Page No.# 2/4 3. The case of the petitioner is that a written FIR was received from Shri Sub Inspector K. Pertin, stating that on 04.05.20216 at about 1630 hrs, a secret information was received from a reliable source that one Sri Khampai Wangsu (Accused Applicant) staying at All India Radio Colony ‘C’ Sector is in possession of brown sugar and selling the same to the customer. On receipt of the information, the Itanagar Police under the supervision of Sub Divisional Police Officer conducted a raid in quarter No. 5W16H where the accused applicant resides. During the raid accused applicant Sri Khampai Wangsu managed to escape from the back door. However, on query, his daughter Miss Anju Mam revealed that her accused father kept the brown sugar in a box and when opened by her, a packet containing brown sugar approx. 3.5 grams, cash amount of Rs.15,700/-, 10 (ten) nos. of live .32 ammunitions, one .32 empty pistol magazine and one dagger were found, which were video graphed and seized in presence of independent witness under the supervision of SDPO, Itanagar. Based on the above FIR, a case was registered under Section 22 (b) NDPS Act read with Section 25 (1A) Arms Act. 4. Upon completion of the investigation, the I.O. of the case submitted the Charge-Sheet against the accused applicant under Section 22 (b) NDPS Act read with Section 25 (1A) Arms Act. 5. The learned counsel for the accused applicant submits that the accused applicant was unaware of the issuance of of Non Bailable Warrants (for short, ‘NBWA’) and his being declared an absconder. However, he is informed that an orders were passed against him by the learned Special Judge, NDPS, Yupia on 23.07.2019, 18.08.2022, 23.07.2024, 24.10.2024, 28.11.2024 and on 10.04.2025. The accused Page No.# 3/4 applicant had no knowledge about the aforesaid orders. He only came to know when the cause-list of the learned Special Judge, NDPS, Yupia were uploaded in ‘Whatsapp’ and the same was informed to him by his engaged counsel. 6. The accused applicant is facing trial in another similar case in the different Court at Khonsa, where he is on bail, and has complied with all conditions imposed by the Court. Under the circumstances, the accused petitioner is now ready and willing to surrender voluntarily before the Special Judge, NDPS, Yupia in the present case and move for regular bail. The applicant prays for a reasonable time of 30 days to surrender and seek bail, and seeks protection during this period to avoid coercion action that may frustrate his right to approach the Court. 7. Ms. L. Hage, learned Addl. PP for the State submits that the accused is an absconder. Therefore, he does not deserve the concession of pre- arrest bail. Therefore, she objects grant of pre-arrest bail. 8. Having heard the learned counsel for the parties and having regards to the fact that applicant express his readiness to surrender voluntarily; the fact that he is already on bail in another case and has complied with the bail conditions; the interest of justice would be served by allowing the accused an opportunity to surrender and to move for regular bail rather than compelling coercive action at this stage; this court is of the opinion that limited interim protection may be granted to enable the applicant to surrender and pursue regular bail. 9. 9. In view of the above, the applicant is granted interim protection from arrest in connection with the present case for a period of 30 (thirty) days Page No.# 4/4 from today, to enable him to surrender before the trial court and move an application for regular bail. 10. During these 30 days, in the event, the applicant Sri Khampai Wangsu is being arrested in connection with the present case, he shall be released on interim anticipatory bail subject to his strict compliance with the following conditions: (i) That he shall execute a bail bond of Rs.50,000/- (Fifty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, NDPS, Yupia; (ii) The applicant shall not leave the jurisdiction of the special Judge, NDPS, Yupia without prior permission; (iii) That the applicant shall not tamper with the evidence or try to influence any witness; and (iv) that the applicant shall appear and surrender before the Special Judge, NDPS, Yupia within 30 days from today and move an application for regular bail. 11. It is made clear that this interim protection shall automatically stand vacated if the applicant fails to surrender before the Special Judge, NDPS, Yupia within the stipulated period of 30 days. 12. In terms of the above, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant