Page No.# 1/4 GAHC010145622026 2026:GAU-AS:12102 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1971/2026 NABAJIT NATH S/O LATE ADITYA NATH VILLAGE RAMPUR P.S. MUKALMUA DISTRICT NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 24.08 . 2026 Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 for granting regular bail to the petitioner, namely, Nabajit Nath, who was arrested on Page No.# 2/4 21.06.2026 and since then he is in judicial custody in connection with Sarthebari P.S. Case No. 53/2026 under Section 20 (b) (ii) (B) of NDPS Act, which culminated in NDPS Case No. 57/2026 pending in the Court of Special Judge, Barpeta. 3. TCR call for has been received. 4. The learned counsel for the petitioner has submitted that it would be apparent from the records that the police authorities had moved to the place of occurrence at 10:10 am in the morning and that the seizure had been completed by 11:52 am in the morning. The police party had reached back along with the seized article and apprehended persons at 12:10 pm on 21.06.2026 at the Police Station. 5. The learned counsel has submitted that thereafter the petitioner had been produced before the learned Magistrate at 2:15 pm on the next i.e., on 22.06.2026. He submits that therefore the window period of 24 hours for production accused before the learned remand Magistrate after the arrest had elapsed and, further detention after 24 hours of his arrest has been rendered illegal and the petitioner entitled to the privilege of bail. 6. The learned Addl. P.P has submitted that the petitioner was formally arrested on 21.06.2026 at 7:00 pm and, therefore, the production of the petitioner before the learned remand Magistrate at any point of time prior to 7:00 pm on 22.06.2026 would suffice the requirements of law. 7. It has been settled by the Hon’ble Apex Court when the custody of an Page No.# 3/4 arrested person is initiated when he is restrained by the arresting authority from using his free will to move from one place to another. 8. In the aforesaid view, this Court has to understand that the petitioner had been taken into custody at least at the time of the seizure of the goods and, thereafter, it is only the formal arrest which has been shown to be at 7:00 pm on 21.06.2026. 9. The learned Addl. P.P has not been able to place from records that the petitioner had been sent for production before the learned remand Magistrate, prior to 24 hours being completed from at least 11:52 am on 21.016.2026. In view of the matter that the petitioner had been produced before the learned remand Magistrate at 2:15 pm on 22.06.2026 and there being no records to show that attempts were made to produce the petitioner prior to that time, , I am of the considered opinion that the detention of the petitioner after 11:52 am on 22.06.2026 has been rendered illegal. 10. However, since the accusations are under the NDPS Act, I deem it fit to release the petitioner on bail upon stringent conditions to ensure his further participation in the trial and to prevent him from hampering or tempering the trial process in any manner whatsoever. 11. In the aforesaid circumstances, the petitioner shall be released on bail on furnishing a bail bond Rs. 50,000/- with two sureties of the like amount, one of whom shall be a Government servant to the satisfaction of the learned Trial Court. Page No.# 4/4 12. The learned Trial Court shall be at liberty to impose such other conditions on the petitioner to ensure the further participation in the trial. 13. In the event the petitioner is found to be involved in any other similar case in the future, the ld. Trial court shall be at liberty to recall the bail granted. 14. Accordingly, this bail petition stands disposed of. JUDGE Comparing Assistant