Page No.# 1/3 GAHC010140122026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1895/2026 RAMESH CHANDRA BISWAS S/O PARESH CHANDRA BISWASVILL- GAREMARIP.S.- BARPETADIST.- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 22 .0 7 . 2026 Heard Mr. H.A. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Ramesh Chandra Biswas, who was arrested on 12.05.2026 seeking bail in connection with Special (NDPS) P.S. Case No.32/2026 registered under Sections 21(b)/25/29 of the NDPS Act Page No.# 2/3 (Corresponding to Barpeta P.S. Case No. 116/2026) under Sections 21(b)/ 25 of the NDPS Act, pending in the Court of the learned Additional Sessions Judge (FTC), Barpeta. 3. As per allegation, on receipt of the prior information on 15.04.2026, one Sonwar Hussain was intercepted and 31.69 grams of suspected heroin was recovered from him and in course of the investigation the petitioner was arrested on 12.05.2026. Subsequently, on completion of investigation, charge sheet has been submitted and charges were framed against the petitioner under Section 29 of the NDPS Act. 4. On perusal of the CD it appears that on the basis of the statement of the co-accused, the petitioner was arrested but no recovery of contraband was made from him and there was no other material against him. The petitioner was arrested in connection with Barpeta P.S. Case No. 40/2026 where he was released on bail by this Court vide order dated 19.06.2026 in BA No. 1326/2026. 5. The learned Add. PP submits that the petitioner was earlier arrested in connection with Howly P.S. Case No. 125/2026, Dholai PS. Case No. 41/2025 and Barpeta P.S. Case No. 116/2026. 7. However, since the present case relates to intermediate quantity, the rigors of Section 37 of the NDPS Act are not attracted in the present case. There is no other material against the petitioner, except statements of the co accused. The arrest prior to that are not relevant inasmuch as there is no other materials against him. 8. As held by the Hon’ble Apex Court in P. Mohan Reddy Vs. State of Andra Pradesh, reported in 2005 SCC Online 1157, the same is not sufficient to deny Page No.# 3/3 the bail of the petitioner. 9. In view of the above, the prayer for bail is allowed. Accordingly, it is directed that the petitioner named above, shall be released on bail of Rs. 1,00,000/- (Rupees one lakh) with two sureties of like amount to the satisfaction of the learned Eleka Magistrate Subject to the conditions that –(i) the petitioner shall appear before the investigating agency as and when required for the purpose of investigation; (ii) the petitioner 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/ her from disclosing such facts to the court or to any police officer; (iii) the petitioner shall submit Aadhar Card and PAN Card before the learned Eleka Magistrate; and (iv) the petitioner shall not leave the jurisdiction of the learned Eleka Magistrate, without prior permission. 10. The bail application is disposed of. 11. Return the case diary. JUDGE Comparing Assistant