Page No.# 1/4 GAHC010022532026 2026:GAU-AS:2938 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./347/2026 PUSPA DEBNATH W/O NANI GOPAL DEBNATH RESIDENT OF VILL- SALGORA, P.S. UDAIPUR, DIST. GOMOTI, TRIPURA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 25.02.2026 Heard Mr H R Choudhury, learned counsel appearing for the petitioner. Also heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023, praying for granting of bail to the petitioner, namely, Puspa Debnath, who has been in custody since 14.05.2025, in connection with Special NDPS Case No. 46/2025, arising out of Nilambazar PS Case No. 66/2025, proceeded under Sections 21(c)/29 of the NDPS Act, Page No.# 2/4 pending before the Court of learned Additional Sessions Judge, Sribhumi. 3. The learned counsel has drawn out attention to the certified copies of the different documents annexed to the petition to assert that although the petitioner had been detained prior to 02:30 pm on 14.05.2025, the date and time of arrest has been shown as 15.04.2025, at 11:30 am, and that the petitioner was taken out from the Police Station premises at 02:30 pm, on 15.05.2025, for production before the Magistrate. 4. It is the submission of the learned counsel for the petitioner, in which we find force, that a period of 24 hours have elapsed between the time of apprehension of the petitioner and her production before the learned Remand Magistrate. 5. The learned counsel for the petitioner has also drawn out attention to the WT message sent from the Officer-In-Charge, Nilambazar Police Station, Sribhumi, Assam, to the Officer-In-Charge, Udaipur, Gomati District, State of Tripura, on 15.05.2025, with a request to inform the family members of the arrested person regarding the arrest. This WT message, in the opinion of this Court does not contain any other detail, except the Police Station case number and the Sections under which the petitioner has been detained, and, therefore, does not suffice the requirements of the provisions of Section 48 of the BNSS, 2023. 6. The learned Additional Public Prosecutor has submitted that the amount of heroin recovered is huge and mere non-compliance of the provisions of Section 48 of the BNSS, 2023, and infraction of the time frame for production of the arrested person before the Remand Magistrate, cannot be a ground enough to release the petitioner on bail. 7. However, keeping in view the infraction of the constitutional safeguards available to a citizen of India, who is under detention, this Court is of the opinion that the further Page No.# 3/4 detention of the petitioner requires the interference of this Court. The petitioner has proclaimed herself of a locality which is beyond the territorial jurisdiction of the concerned Trial Court. Therefore, to ensure the participation of the petitioner in the trial, this Court is of the opinion that the petitioner can be directed to be released on bail upon strict conditions only. 8. Accordingly, it is provided that the petitioner shall be released on bail on furnishing a bail bond of Rs. 1,50,000/- (Rupees One Lac Fifty Thousand) Only, with two sureties of the like amount, one of which shall be from the service of the Government of any of the States or the Central Government and at least, one of whom shall have a landed property within the territorial jurisdiction of the concerned trial Court, to the satisfaction of the learned Additional Sessions Judge, Sribhumi, subject to the following conditions:- (i) The petitioner shall appear before the investigating authority and/or Learned District and Sessions Judge, Sribhumi, as and when required to do so; (ii) That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts from the trial pending against the petitioner. (iii) That the petitioner shall provide her contact details including photocopies of her Aadhar Card or Driving License or PAN Card, mobile number, and other contact details before the learned Trial Court, if the same are not seized by the concerned officials; and (iv) That the petitioner shall not misuse her liberty by indulging in any illegal Page No.# 4/4 activities including any activities of peddling Narcotics Drugs. (v) The petitioner shall not try to contact any of the witnesses by any mode including telephone, social media etc. (vi) The petitioner shall furnish the present residential address with proof to the learned Additional Sessions Judge, Sribhumi, and shall not change the said residence without prior permission of the learned Additional Sessions Judge, Sribhumi. (vii) Learned Additional Sessions Judge, Sribhumi shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the investigation. (viii) The petitioner shall not engage in any illegal activity of similar nature in the future. (ix) The investigating authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. 9. The bail petition is disposed of. JUDGE Comparing Assistant