Page No.# 1/3 GAHC010147792026 2026:GAU-AS:10436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1982/2026 HUMESWAR MALAKAR S/O LATE SAHADEV MALAKAR R/O VILLAGE DUBI P.S. PATHSALA DISTRICT BAJALI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.07.2026 Heard Mr. A. Chaudhury, learned counsel for the accused and Mr. P. S. Lahkar, learned Additional Public Prosecutor, Assam for the State respondent. Page No.# 2/3 2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused person, namely, Humeswar Malakar, who has been languishing in jail hajot, in connection with Pathsala P.S. Case No. 50/2026, registered under Section 20(b)(ii)(B) of the NDPS Act, since 13.06.2026. 3. It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one Kalpajyoti Deka, SI (UB), Pathsala Police Station, Bajali, Assam. The essence of allegation against the present accused is that he was found in possession of 4.865 kg of Ganja on 12.06.2026, at about 6:31 P.M., in his residence near Dubi Chowk, under Pathsala Police Station. 4. Mr. Choudhury, learned counsel for the accused submits that the accused was arrested on 13.06.2026, and since then, he has been languishing in jail hajot for the last 47 days and that the quantum of contraband substance so recovered from the possession of the accused, is of intermediate quantity and as such, the mandatory period of detention is 60 days and that in the meantime, investigation might have been completed and further custodial detention of the accused may not be required in the interest of investigation and therefore, he has contended to allow this petition. 5. Per contra, Mr. Lahkar, learned APP for the State respondent, by producing the case diary before this Court, submits that the I.O. has collected sufficient materials against the present accused. However, he submits that investigation of the case has progressed significantly. 6. Having heard the submission of the learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on Page No.# 3/3 record and also gone through the case diary, with the assistance of Mr. Lahkar, learned APP for the State respondent. 7. It appears that the accused was arrested on 13.06.2026, and as such, he is behind the bars for the last 47 days and it also appears from the case diary that the I.O. has collected some materials against the present accused. 8. However, it also appears from the case diary that the material part of the investigation is almost over and as such, further custodial detention of the accused may not be warranted in the interest of the investigation. And accordingly, this Court is inclined to allow this petition. 9. It is provided that on furnishing a bond of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the learned Special Judge (NDPS), Bajali, Pathsala, the accused shall be enlarged on bail. 10. The case diary be returned. JUDGE Comparing Assistant