Page No.# 1/3 GAHC010015542026 2026:GAU-AS:1708 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./289/2026 SAURAV KALITA S/O SRI KAPIL KALITA R/O VILL- CHARNA, PS SIMLA, DISTRICT BAKSA, BTR, ASSAM, 781328 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J KALITA, AMAN ALI,MR SOHAING Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 09-02-2026 Heard Mr. M. J. Gogoi, learned counsel appearing on behalf of Mr. J. Kalita, learned counsel for the accused applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 for granting Page No.# 2/3 bail to the accused applicant in connection with Simla P.S. Case No. 57/2025 under Section 21(b) of Narcotic Drugs and Psychotropic Substances Act 1985. 3. As per the FIR dated 09.12.2025, the police went to a spot to apprehend the accused applicant. On seeing the police, the accused fled. It is also alleged that the accused applicant was apprehended by the police later, and on search, two plastic vials containing suspected drugs and Rs. 1,310 were found in his pocket. The contraband materials, suspected to be heroin and weighing about 3 grams with the container, were recovered. On interrogation, the accused further revealed that he had kept more contraband materials in his house, and on search, the police recovered 40 grams of suspected heroin with container and 10 grams without container. Accordingly, the police registered the Simla P.S. Case No. 57/2025 under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 4. The accused was arrested on the same day and has since been behind bars. 5. The learned counsel for the applicant submitted that the charge-sheet in the instant matter was filed on 31.01.2026, however, since the accused applicant has already spent 61 days in custody, his bail should be considered at this stage. 6. Mr. Parasar, learned Additional Public Prosecutor for the State, submitted that Charge-Sheet No. 03/2026 in the instant case was filed on 31.01.2026 and therefore he opposed the granting of bail at this stage to the accused applicant. 7. Taking into account the fact that the charge-sheet has already been filed before the Special Court (NDPS), Baksa, this Court is of the considered opinion that the matter should be closed, with liberty to the accused applicant to Page No.# 3/3 approach the appropriate Court, if so advised, for bail. 8. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant