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2026 DAILYLAW 4268 (GAU)

NGULKHOLIEN KHONGSAI v. THE STATE OF ASSAM

Bail Appln./279/2026 · 2026-03-10

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010016162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./279/2026 NGULKHOLIEN KHONGSAI SON OF- LATE KAMLAL KHONGSAI ALIAS KANGLAL KHONGSAI, RESIDENT OF VILL.- PAITHOL, P.S.- JIRIBAM, DISTRICT- TAMENGLONG, MANIPUR. PIN-795116 AND PRESENTLY RESIDING AT VILLAGE- HMARKHAWLIEN, P.O.- FULERTAL, P.S.- LAKHIPUR, DISTRICT- CACHAR, ASSAM. PIN-788106 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.03.2026 Heard Mr. L. R. Mazumdar, learned counsel for the petitioner and Mr. R. G. Baruah, learned Addl. Public Prosecutor, Assam. By this application, the petitioner, namely, Ngulkholien Khongsai, has prayed for grant of bail in connection with NDPS Case No. 01/2026, arising out of Lakhipur P.S. Case No. 140/2025 (corresponding to G.R. No. 188/2025) under Sections 21(b)/29 of Page No.# 2/3 NDPS Act. The FIR dated 30.10.2025 reveals that on getting an information that some persons were loitering at Ujantarapur area and dealings with drugs, the police personnel reached the place of occurrence and suspected persons three in numbers were found amongst whom one person was seeing to have carried a bag in his back. On a query being made, the contraband was found in possession of one of the accused persons. Mr. L. R. Mazumdar, learned counsel for the petitioner submits that so far as the petitioner is concerned, no contrabands were recovered from his possession and that the contrabands, which were recovered from the accused No. 2, were also not of commercial quantity. He further submits that the petitioner has been inside the jail for 133 days. Mr. R. G. Baruah, learned Addl. Public Prosecutor, however, submits that the petitioner was along with the other accused persons and when all the three accused were searched, the contrabands were found from one of the accused persons. He, as such, submits that the petitioner was together with the accused from whom the contrabands were recovered. He further submits that charges in the instant case are yet to be framed and as such objects to the grant of bail to the petitioner. On considering the submissions made at the Bar and on considering the fact that the FIR does not disclose that the petitioner was carrying contrabands, this Court deems it fit that the petitioner, named above, in connection with the above noted case, be released on bail on furnishing bail bond of Rs.30,000/- with one local surety of like amount to the satisfaction of learned Sessions/Special Judge, Cachar, subject to the following conditions- i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; Page No.# 3/3 ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission. The bail application is disposed of. JUDGE Comparing Assistant