Page No.# 1/3 GAHC010017742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./232/2025 GAJEN SARMAH S/O LATE MAHADEB SARMAH, RESIDENT OF HOUSE NO 13, JYOTINAGAR LUIT PATH, PS CHANDMARI, DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 07.02.2025 Heard Mr. N. K. Kalita, learned counsel appearing for the accused petitioner as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 BNSS, 2023, the accused-petitioner, namely Gajen Sarmah, has prayed for grant of bail in connection with Page No.# 2/3 Chandmari PS Case No. 03/2025 under Section 20(b) of NDPS Act (GR No. 83/2025). It is submitted by the learned counsel for the petitioner that 1.127 kg of ganja wrapped with two plastic packets were recovered from the shop premises of the petitioner wherein he used to sell the articles of religious rituals. He further submitted that it is not reflected in the inventory the actual weight of the suspected ganja without the plastic bag and submits that up to 1kg of ganga falls under small quantity as per NDPS Act. It is also submitted that the petitioner has been languishing in judicial custody for last 31 days since his arrest on 07.01.2025. Under such backdrop, prayer for bail may be considered. On the other hand, Mr. Kaushik, learned Addl. P.P., Assam has produced the case diary without the FSL report and submits that length of detention may be considered. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with one suitable surety of like amount to the satisfaction of learned Special Judge, Kamrup(M). The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup(M) without prior written permission from him/her. Page No.# 3/3 (b) shall not hamper with the investigation and tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant