Page No.# 1/3 GAHC010187502026 2026:GAU-AS:12718 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2082/2026 SHRI BINAY DAS AND ANR S/O LATE MOJILAL DAS, PERMANENT R/O SONPUR, WARD NO. 9, PS NALBARI, DIST NALBARI, ASSAM 2: SMTI PALLABI DAS W/O SHRI BINAY DAS PERMANENT R/O SONPUR WARD NO. 9 PS NALBARI DIST NALBARI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR B K SINGH, MS. D PEGU Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application filed under Section 482 of the BNSS, 2023 praying for pre-arrest in connection with Nalbari P.S. Case No. 148/2026 under Sections 21(b)/29 of the NDPS Act, 1985. 3. As per the FIR, Binoy Das was apprehended and from his possession, 6 grams of suspected heroin in a plastic pouch was recovered, and accordingly, he was arrested. The present petitioner has also been named as an accused in the FIR on the basis of the statement of the arrested accused. However, a perusal of the order of the learned Magistrate dated 21.07.2026, by which the inventory was certified, reveals that the net total quantity of suspected heroin was 0.48 grams, which amounts to a small quantity and, therefore, prima facie Section 21(b) of the NDPS Act does not appear to be attracted. 4. Having regard to the above and the quantity involved, the prayer for pre- arrest bail is allowed. 5. The petitioner, in the event of his arrest in connection with the aforesaid case, shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the arresting authority. 6. The petitioner shall appear before the IO within a period of 10 days from today and co-operate with the investigation. 7. The bail petition stands allowed and disposed of accordingly. Page No.# 3/3 JUDGE Comparing Assistant