Page No.# 1/3 GAHC010085142026 2026:GAU-AS:6695 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1145/2026 AMAR MAZUMDER SON OF LATE ATUL MAJUMDAR VILL- RAMPUR (JOYPARA)P.O. RAMPUR, P.S. PALASHBARI, DIST. KAMRUP, ASSAM, PHONE NO. 8638734162 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. R KALITA, MS. C BARMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 15.05.2026 Heard Ms. R. Kalita, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State of Assam. 2. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of bail to the petitioner, Page No.# 2/3 namely, Amar Majumdar, in connection with Chhaygaon P.S. Case No. 59/2026, registered under Sections 21(b)/29 of the NDPS Act, 1985. The earlier bail application, being BA No. 1035/2026, was rejected by this Court vide order dated 28.04.2026. 3. The gist of the allegation against the accused/petitioner is that on 20.03.2026, at NH-17 near Bhatpara village under Chhaygaon Police Station, he was allegedly found in possession of 9 (nine) small plastic vials containing suspected heroin, weighing 25 grams along with the containers and 13 grams excluding the containers. 4. The petitioner was apprehended and subsequently produced before the learned Court on 21.03.2026 in connection with Chhaygaon P.S. Case No. 59/2026, registered under Sections 21(b)/29 of the NDPS Act, 1985. 5. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and was allegedly tricked into accepting the contraband for the purpose of delivering the same to another person. It is further submitted on behalf of the petitioner that the alleged recovery pertains to an intermediate quantity, namely 13 grams of suspected heroin, which is only marginally above the prescribed small quantity limit of 5 grams. It is contended that the quantity recovered is far below the commercial quantity threshold of 250 grams as notified under the NDPS Act, 1985. 6. It is further submitted on behalf of the petitioner that the FSL report has not yet been received and, in the meantime, the petitioner has remained in custody for the last 56 days. It is also submitted that the charge-sheet is yet to be filed. 7. The learned Additional Public Prosecutor, upon producing the case diary, Page No.# 3/3 has submitted that the charge-sheet could not be filed due to non-receipt of the FSL report. 8. Having regard to the fact that the statutory period of detention in the instant case is 60 days and that the petitioner has already spent 56 days in custody, coupled with the fact that the charge-sheet has not yet been submitted, and it also appears unlikely that the FSL report would be received within the next 2–3 days enabling the Investigating Officer to submit the charge-sheet, this Court is of the view that the petitioner may be enlarged on bail. 9. Accordingly, it is directed that the petitioner, namely, Amar Majumdar, shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge, NDPS, Kamrup (Amingaon)/concerned Court/Magistrate. The bail is granted on the condition that the petitioner shall continue to cooperate with the investigation and shall regularly appear and participate in the trial, if any, initiated against him. 10. This bail application is disposed of. JUDGE Comparing Assistant