Page No.# 1/3 GAHC010015312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./214/2025 KITAP ALI S/O ATOWAR RAHMAN, RESIDENT OF VILLAGE DHUPGURI, PS GOBARDHANA, DIST BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MD A RAHMAN, A S CHOUDHURY,MR. SURAJIT DAS,A W AMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 29.01.2025 Heard Mr. S. Das, learned counsel for the accused and Mr. B Sarma, learned Additional Public Prosecutor for the state respondent. 2. This application under Section 483 of the BNSS, 2023, is preferred by accused, namely, Kitap Ali, who has been languishing in jail hazot, in connection Page No.# 2/3 with Barpeta Road P.S. Case No. 166/2024, under Section 21(b) of NDPS Act, since 27.11.2024, for grant of bail. 3. It is to be noted here that, the above noted case has been registered on the basis of an FIR lodged by one, SI(P) Bitu Borah of Barpeta Road Police Station, on 27.11.2024. The essence of allegation, against the present accused is that on 27.11.2024, at about 5:20 P.M at Balabhita Bazar 13.39 grams of suspected heroin was recovered from his possession and seized the same in presence of witnesses. 4. Mr. Das, learned counsel for the accused submits that the accused was arrested on 27.11.2024, and since then he is behind the bar for last 62 days and till date no charge-sheet has been submitted and as such, the accused is entitled to default bail, as the quantity of contraband substances allegedly recovered from his possession is of intermediate quantity, where the mandatory period of detention is of 60 days and as, no charge-sheet has been submitted till date the accused is entitled to default bail. Accordingly, it is contended to allow this petition. 5. Mr. B. Sarma, learned Additional Public Prosecutor submits that as per his information no charge-sheet has been submitted till date. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record. 7. It is not in dispute that the accused was arrested on 27.11.2024, and no charge-sheet has been submitted till date. Indisputably, the quantity of contraband substances allegedly recovered from the possession of the accused is of intermediate quantity where the mandatory period of detention is of 60 days and since, no charge-sheet has been submitted within the stipulated Page No.# 3/3 period, the accused is entitled to default bail. 8. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge(NDPS), Barpeta, the accused shall be enlarged on bail. 9. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant