Page No.# 1/4 GAHC010028012025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./405/2025 JAYANTA KALITA AND ANR S/O GIRISH KALITA R/O VILL-GAON RAJASTHAN KHANDALIAPARA P.S. MUSHALPUR DIST. BAKSA, BTR, ASSAM PIN-781377 2: GAGAN KALITA S/O GIRISH KALITA R/O VILL-GAON RAJASTHAN KHANDALIAPARA P.S. MUSHALPUR DIST. BAKSA BTR ASSAM PIN-78137 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, GOVERNMENT OF ASSAM Advocate for the Petitioner : MR. J KALITA, MR SOHAING Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 19.03.2025 Heard Mr. J Kalita, learned counsel for the petitioners and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (i) Jayanta Kalita and (ii) Gagan Kalita, both sons of Girish Kalita, residents of Gaon Rajasthan, Khandaliapara, P.S.-Mushalpur, District-Baksa, have filed this application on 11.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in Mushalpur Police Station Case No. 9/2025 under Sections 20(b)(ii)(B) of the NDPS Act, in which they were arrested on 18.01.2025 and are in custody since then. 3. On the basis of source information on 18.01.2025 that large quantity of NDPS Drugs (Ganja) were going to be delivered by some drugs peddlers on the road near Thamna under Athiabari Outpost in the morning, a GD Entry was made in the Mushalpur Police Station on 18.01.2025 vide GDE No. 24 dated 18.01.2025. Thereafter, police personnel from Mushalpur Police Station with due authorization and drug kit proceeded to Thamna-Charaimari road. At Khanuliapara, Gaon Rajasthan before reaching Thamna, police personnel from Mushalpur Police Station stopped one grey colour Yamaha Ray 125 CC scooter bearing Registration No. AS-01-FZ- 3603 with one green colour helmet and apprehended the present petitioners from whose possession in total of 13.135 KGs of suspected Ganja in those packets were recovered. Those were accordingly seized and forwarded to the FSL for its necessary examination and report. 4. Accordingly, Mushalpur Police Station Case No. 9/2025 was registered under Sections 20(b)(ii)(B) of the NDPS Act. 5. Considering their detention since 18.01.2025, the petitioners have prayed for their bail in said Mushalpur P.S. Case No. 9/2025. 6. Mr. B Sharma, learned APP, Assam, on being enquired, submitted that the FSL report is yet to be received in said Mushalpur P.S. Case No. 9/2025. Page No.# 3/4 7. Since 18.01.2025, the petitioners are in custody for about 60 days till date. 8. Mr. B Sharma, learned APP, Assam made it clear that there is no possibility of submission of the charge-sheet in said Mushalpur P.S. Case No. 9/2025 during the course of the day, due to non-availability of the FSL report. 9. Considering the above, the petitioners are entitled for their default bail in said Mushalpur P.S. Case No. 9/2025. 10. Accordingly, the petitioners, namely, (i) Jayanta Kalita and (ii) Gagan Kalita be released on default bail in said Mushalpur P.S. Case No. 9/2025, on furnishing bail bond of Rs.75,000/- each, with 2 (two) local sureties each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Baksa, Mushalpur on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Mushalpur P.S. Case No. 9/2025, as and when they are required for necessary investigation of the said case; (ii) shall not leave the jurisdiction of the Mushalpur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 them from disclosing such facts to the Court or to any police officer; (v) shall not indulge themselves in any criminal offence and/or any criminal activities in future, including possession or procurement, transportation and selling of any such NDPS items; and (vi) In the event of filing any charge-sheet against the petitioners in said Mushalpur P.S. Case No. 9/2025, they shall appear before the concerned Special Court (NDPS), Baksa at Mushalpur and shall participate in the trial of the said case without fail. 11. Failure on the part of the petitioners, (i) Jayanta Kalita and (ii) Gagan Kalita, to comply with any of the aforesaid terms and conditions, the bail granted to them in aforesaid Mushalpur P.S. Case No. 9/2025 shall stand automatically vacated. 12. This bail application accordingly stands disposed of. Page No.# 4/4 13. Return the case diary. JUDGE Comparing Assistant