Page No.# 1/3 GAHC010013322025 2025:GAU-AS:898 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./166/2025 SRI TECHI TAHO AND ANR SON OF- SRI TECHI MOHAN, VILL- LEKHI, HOUSE NO-28, PS- NIRJULI, DISTRICT-PAPUMPARE, ARUNACHAL PRADESH, PIN-791110, CONTACT NO.9954597189 2: SRI YAB HIMAI SON OF- SRI YAB HARI VILL- DARIABIL PS- BALIJAN DISTRICT-PAPUMPARE ARUNACHAL PRADESH PIN-791123 CONTACT NO.995459718 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR P NEOG, MS. K SHARMA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 28.01.2025 Heard Mr. P. Neog, learned counsel for the accused and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by two accused, namely, Techi Taho and Yab Himai, who have been languishing in jail hazot in connection with Gohpur P.S. Case No. 162/2024, under Section 111(3) of the BNS, read with Sections 21(a)/29 of the NDPS Act, since 19.12.2024, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Prakash Singha of Rajgarh Out Post on 19.12.2024. The essence of allegation against the present accused persons is that 3.23 grams of suspected heroin was recovered from their possession and the same was seized in presence of witnesses. 4. Mr. Neog, the learned counsel for the accused submits that the accused were arrested on 19.12.2024 and since then, they have been languishing in jail hazot for last 41 days, and that the quantity of the contraband substances recovered from their possession is very small i.e. 3.23 grams, and the accused are ready to cooperate with the investigating agency and therefore, it is contended to allow the petition. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the accused persons are peddlers of drugs and though the quantity of contraband substances Page No.# 3/3 recovered from their possession is small, yet the co-accused person arrested herein this case had stated that they are the peddlers, and that investigation is going on and the FLS report is not yet available, and on such, Mr. Goswami has contended to dismiss the petition. 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Goswami, learned Additional Public Prosecutor. 7. It appears that the accused were arrested on 19.12.2024 and they have been languishing in jail hazot for last 41 days, and the contraband substances allegedly recovered from their possession is of small quantity i.e. 3.23 grams and the punishment prescribed for the same is only one year. Further, it appears that investigation has also progressed significantly. 8. Under the above facts and circumstances, their custodial detention seems to be not warranted here in this case, and therefore, this Court is inclined to allow this petition. It is provided that on furnishing a bond of Rs. 50,000/- each with one surety of like amount, to the satisfaction of the learned SDJM(M), Gohpur, both the accused be enlarged on bail. The learned trial Court is at liberty to impose any other condition to ensure their attendance during the trial. 9. In terms of above, this bail application stands disposed of. 10. Case diary be returned. JUDGE Comparing Assistant