Page No.# 1/4 GAHC010040192026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./578/2026 UJJWAL MANDAL AND ANR S/O LT. BHABESH MANDALR/O VILL- GANGANARAYANPUR P.O. RAMNAGAR P.S. KALIACHAK DIST. MALDA, WEST BENGAL. 2: AMAL MANDAL S/O ARUN MANDAL VILL- SUKHDEVPUR P.O. AND P.S. BAISHNABNAGAR DIST. MALDA WEST BENGA VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MISS. P M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.03.2026 Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Mr. B. Page No.# 2/4 Sarma, learned Additional Public Prosecutor appearing for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Special NDPS Case No. 74/2025 arising out of Badarpur GRPS Case No. 35/2025 registered under Section 21(C)/29 of Narcotic Drug and Psychotropic Substances Act, 1985. 3. The FIR dated 22.10.2025 reveals that on information that 4 Nos. of drug peddlers were transporting narcotic substance from Badarpur Railway Junction and were boarding the train the police officials rushed to the said railway station and apprehended the said 4 Nos. of suspected persons. Amongst whom, 2 Nos. of petitioners are before this Court, namely: Ujjwal Mandal and Amal Mandal. 4. It is further alleged that on a spot verification the narcotic substances were found to be Heroin. 5. Mr. A. Ahmed, learned counsel for the petitioners submits that the petitioners had themselves stated before the Police personnel that they were given Rs.10,000/- (Rupees ten thousand) only each for transporting the said drugs from Badarpur Railway junction. He further submits that the Arrest Memo, which was given to the petitioners wherein violation of Section 36 of the BNSS Act, 2023 inasmuch as the signature of the witness was not present. 6. Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of Assam check the original Arrest Memo from the case record and he also found that the signatures of atleast one witness being a family member or locally known person was not there. 7. In view of the same for violation of Section 36 of the BNSS Act, 2023, Page No.# 3/4 which results in violation of Article 21 of the Constitution of India, this Court deems it fit that the petitioners be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees twenty thousand) only each with one local surety of like amount to the satisfaction of the Special Judge, NDPS, Sribhumi under the following conditions:- 1. That the petitioners will appear before the Investigating Officer within 7(seven) days and co- operate in the investigation as and when required; 2. The petitioners will not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Badarpur Police Station. 3. That the petitioners will not hamper or tamper with the investigation in any manner; and 4. That the petitioners will not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case. 8. If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioners. Page No.# 4/4 9. Bail application is accordingly allowed. 10. Returned the Case Diary. JUDGE Comparing Assistant