Page No.# 1/3 GAHC010135042026 2026:GAU-AS:10487 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1872/2026 SRI CHUBBA PEGU S/O. SRI MUKTIRAM PEGU, R/O. VILLAGE DHUNAGURI, P.S. BIHPURIA, DISTRICT LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 30.07.2026 Heard Mr. B Chowdhury, learned counsel for the petitioner. Also heard Mr. M P Goswami, learned Addl. Public Prosecutor for the State of Assam. This is an application under Section 483 of the BNSS, 2023 praying for Page No.# 2/3 grant of regular bail to the petitioner, namely, Sri. Chubba Pegu, in connection with Special (NDPS) Case No. 20/2026 registered under Section 20(b)(ii)(c)/29 of the NDPS Act pending before the Court of the learned Special Judge (NDPS), Lakhimpur, North Lakhimpur corresponding to North Lakhimpur P.S Case No. 402/2025. The prosecution of the case, briefly put, is that on 29.11.2025, 20.431 kg of suspected ganja was recovered from the possession of the petitioner in the Nowboicha area, Lakhimpur district. The learned counsel for the petitioner submits that the quantity of ganja seized is marginally above the commercial quantity and further submitted that the weight of the ganja was taken along with the polythene packets in which the ganja was kept and therefore, the stated weight of 20.431 is not the net weight of the ganja and that, if the weight of the polythene packets are deducted, the ganja would be within the intermediate quantity. On the other hand, the learned Public Prosecutor has submitted that out of the eight listed witnesses, six have already been examined and only the Scientific Officer and the I.O remain to be examined and therefore, the trial is on the verge of completion. The charge against the petitioner also relates to commercial quantity and therefore, Section 37 of the NDPS Act is attracted. Page No.# 3/3 Whether the weight of the ganja comes within commercial quantity or intermediate quantity is to be decided finally at the time of trial and having regard to the fact that the trial is on the verge of completion, it would not be proper to release the petitioner on bail at this stage, regardless of the category in which the quantity of ganja falls. The prayer for bail stands rejected at this stage. JUDGE Comparing Assistant