Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 2169 (GAU)

NAYAN DAS @ PRINCE HUNTER v. THE STATE OF ASSAM

Bail Appln./675/2026 · 2026-03-11

Shamima Jahan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010047712026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./675/2026 NAYAN DAS @ PRINCE HUNTER SON OF- SUKUMAR DAS, PERMANENT RESIDENT OF WARD NO. 2, GAURIPUR, POLICE STATION- GAURIPUR, DISTRICT- DHUBRI, ASSAM AND PRESENTLY RESIDING AT- NIRIBILI PATH, OPPOSITE DOG HOSTEL, GHORAMARA, POLICE STATION- BASISTHA, DISTRICT- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. DITUL DAS, MR. B J TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 12.03.2026 Heard Mr. Ditul Das, learned Counsel for the petitioner and Mr MP Goswami, learned Additional Public Prosecutor appearing for the State. By this application, the petitioner has sought for bail in connection with Page No.# 2/3 Dispur P.S. Case No. 871/2025 registered under Section 21(b) of NDPS Act. By the last order, Mr. MP Goswami, learned Additional Public Prosecutor appearing for the State was directed to get instructions as to whether charge sheet is submitted in the instant case or not. However, when the matter is taken up today, the learned Additional Public Prosecutor, Mr. MP Goswami has prayed for further time to get the proper instructions, although he submits that on a query made, it was informed to him that the case was transferred from Dispur to Bhangaghar. The issue as to whether charge sheet is submitted or not is not with him. Mr. Ditul Das, learned Counsel for the petitioner submits that the present case is connected with the 867 of 2025 registered in the Dispur P.S. He submits that the case was registered on the same day, seizure was made on the day from the house of the petitioner and only the FIR is different. As such, he submits that there cannot be any question of transferring the case from Dispur to Bhangaghar. He further submits that 60 days is mandatory period within which the I.O. has to file the charge sheet. As of today, it is 136 days. He further submits that 60 days period was over on 26.12.2025. It is accordingly seen that had the charge sheet been submitted in the instant case, the learned Additional Public Prosecutor, Mr. MP Goswami, would have got the information rather he got the information that the case is transferred from Dispur to Bhangaghar, which shows that the charge sheet has not been submitted. Accordingly, the petitioner be released on bail on furnishing of a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Chief Judicial Magistrate, Kamrup(M) under the following conditions: i) The petitioner will appear before the Trial Court as Page No.# 3/3 and when call for. ii) The petitioner will not hamper or tamper with the evidence or influence the witnesses connected with the case. Petition is disposed of. JUDGE Comparing Assistant