Page No.# 1/3 GAHC010159802026 2026:GAU-AS:12192 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2151/2026 SMTI RITU MONI SAIKIA ALIAS DEVI WIFE OF SRI JUNTI DEVNATH, RESIDENT OF L.B. ROAD, PUB- MALORGAON, P.O. P.S. SOOTEA, PIN 784175, DISTRICT BISWANATH, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P BORDOLOI, MR. R K MAHANTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 25-08-2026 25.08.2026 Heard Mr. RK Mahanta, learned counsel for the petitioner. Also heard Mr. KK Parashar, learned Addl. Public Prosecutor for the State. Page No.# 2/3 2. The present application has been filed under Section 483 of the BNS, 2023 for granting bail to the petitioner in connection with Sootea P.S. Case No. 68/2026 under Section 20(b) (ii) (B)/21(b)/29 of the NDPS Act, 1985, read with Section 4 of the Assam Bhang & Ganja Prohibition Act, 1958. 3. The recovery of contraband is of intermediate quantity, stated to have been recovered from the house-cum-shop of the petitioner and her husband. 4. The learned counsel for the petitioner has submitted that the notice under Section 48 of the BNSS has been served upon the daughter of the petitioner who was, as recorded by the serving officer himself, a minor. The learned counsel for the petitioner has also drawn the attention of this Court to other procedural lapses in the arrest of the petitioner and has prayed that the petitioner has now completed 48 days in custody, and her case may be considered for a grant of regular bail during further investigation. 5. The learned Addl. Public has submitted that the recovery of the contraband from the house/shop of the petitioner is an admitted position and allowing her the privilege of bail at this stage may hamper or tamper with the investigation. 6. Since the recovery is of intermediate quantity, the rigors of Section 37 of the NDPS Act could not come into effect at this stage. We have noticed that the petitioner is a woman and has a young daughter to whom notice under Section Page No.# 3/3 48 has been supplied, which, prima facie, we are not convinced suffices the requirement of law. 7. Accordingly, in view of the fact that the petitioner is a lady, has a daughter, and has already suffered 48 days in custody during which time she has been interrogated, it is directed that the petitioner, namely Smt. Ritu Moni Saikia @ Devi, shall be released on bail on furnishing a bail bond of 50,000/-, with two sureties of the like amount, one of whom shall be to the satisfaction of the learned Session Judge, Biswanath. 8. The learned Session Judge shall be at liberty to impose such other further conditions as deemed necessary to ensure the participation of the petitioner in the investigating process, if any. 9. It is further provided that the petitioner shall not in any manner hamper or tamper with the evidence, or the witnesses during the course of investigation. 10. Bail Application accordingly disposed of. JUDGE Comparing Assistant