Page No.# 1/3 GAHC010063222026 2026:GAU-AS:5183 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./881/2026 GOPAL MANDAL SON OF NIL MOHAN MANDAL RESIDENT OF VILL- NO. 2 CHIKAJHORA, P.S. PANBARI, DIST. CHIRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.04.2026 Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned APP for the State. 2. This is an application under Section 483 of the BNSS, 2023, seeking grant of bail to the petitioner, namely, Gopal Mandal, in connection with Panbari P.S. Page No.# 2/3 Case No. 08/2026, registered under Section 20(a) of the NDPS Act. 3. The allegation against the petitioner is that approximately 6.965 kg and 7.950 kg of cannabis plants/ganja were recovered from a field allegedly belonging to and cultivated by him. Following the registration of the case, the petitioner was arrested on 04.03.2026 and has been in custody for the past 35 days. 4. The learned counsel for the petitioner submits that the case involves an intermediate quantity of contraband, and therefore, the bar under Section 37 of the NDPS Act is not attracted. This submission is not disputed by the learned Additional Public Prosecutor. 5. The attention of this Court has been drawn to the notice issued under Section 48 of the BNSS, which was addressed to one Bipul Mandal, the uncle of the petitioner. However, the said notice has been shown as received by the petitioner himself, and his signature appears in the relevant column. 6. In other words, the Arresting Officer, instead of serving the notice upon the named addressee, appears to have short circuited the prescribed procedure by obtaining the signature of the arrestee himself on the said notice. This conduct prima facie indicates mala fide intent on the part of the Arresting Officer and suggests a deliberate act to facilitate the release of the accused in the process. 7. Having regard to the above facts and circumstances, this Court is inclined to allow the prayer for bail. Accordingly, the petitioner, Gopal Mandal, shall be released on bail upon furnishing a bond of Rs. 50,000/- with two sureties of like amount, one of them being regular government servant to the satisfaction of the learned Special Judge, NDPS, Chirang district in connection with the Page No.# 3/3 aforesaid case. 8. Further, let a copy of this order be communicated to the Superintendent of Police, Chirang, for initiation of appropriate departmental action against the concerned Arresting Officer in relation to the irregularity in issuing the notice under Section 48 of the BNSS, as noted above. 9. The bail application stands disposed of accordingly. JUDGE Comparing Assistant