Page No.# 1/6 GAHC010044042026 2026:GAU-AS:6619 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./624/2026 SRI BISHWA DAS S/O - BARDAKANTA DAS R/O 1 NO. GARUBANDHA, SIMLAGURI, P.O. P.S. - KAMPUR, DISTRICT - NAGAON ASSAM, PIN 782428 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M NATH, MR B PAUL,MR. D P BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.05.2026 1. Heard learned counsel Mr. M. Nath for the petitioner Bishwa Das who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail he is behind bars for 108 days 26.01.2026 in connection with Jakhalabandha P.S. Page No.# 2/6 Case No. 12/2026 under Sections 21(c)/29 of the NDPS Act. 2. Heard learned Additional Public Prosecutor, Mr. R. J. Baruah for the respondent State. 3. It is submitted that allegedly the petitioner including the co-accused were involved in transporting Heroin in 23 soap cases. Along with soap cases, when the Heroin was weighed, it was found that the Heroin weighed upto 880 gms. Without the soap cases, when the Heroin was weighed, it was found to be 261 gms but the Heroin according to the inventory was weighed along with plastic packets and the total weight was 261 gms. Annexure-3 series at page-35 of the petition clearly reflects that 261 gms without soap cases of Heroin was seized in connection with the aforementioned case. 4. The petitioner has prayed for bail as investigation has not culminated into charge-sheet even after 108 days. 5. Learned Additional Public Prosecutor has laid stress in his argument that as per the Case Diary, Annexure-1 inventory reveals that the total weight of the Heroin with polythene packets was 261 gms and the total sampling weight of the Heroin is 255 gms as per the inventory. The weight of 255 gms tantamounts to commercial quantity of Heroin and thus the petitioner is not entitled to bail at this stage. Page No.# 3/6 6. I have scrutinized the Case Diary. 7. It is submitted by the learned counsel for the petitioner that the weight of 261 gms of Heroin without the polythene packets will amount to 249.5 gms which will be below the commercial quantity, if it is presumed that the weight of one polythene packet would be 0.5 gms. The Heroin was found in 23 polythene packets. 8. On the contrary, it is submitted by the learned Additional Public Prosecutor that it is clear from the inventory that Heroin was weighed and found to be 261 gms with polythene packets and the total sampling weight of the Heroin is separately mentioned in the inventory, Annexure-1 as 255 gms which amounts to commercial quantity. Thus, Section 37 of the NDPS Act acts as an embargo against the bail prayer of the petitioner. 9. It is further submitted by the learned Additional Public Prosecutor that the entire procedure of weighing the samples was noted down vide order dated 27.01.2026 and it is clear that the samples along with the plastic pouch weighed 261 gms. Thereafter, the order also reflects that the seized substances ‘Narcotic Drugs and Psychotropic Substances’ were taken away from the polythene packets and mixed together as homogeneous mixture and on being weighed on a digital richter scale, the total weight of the Heroin was found to be 255 gms. Page No.# 4/6 10. Inadvertently, it was wrongly written as ‘with plastic pouch’. However, it is clear that the total weight with plastic pouch is 261 gms and not 255 gms, which tantamounts to commercial quantity. 2 samples of 5 gms each were drawn and marked as SI and DI which is also reflected in the (Annexure-1) format. 11. Thus, it is amply clear that the total weight of the suspected Heroin seized in connection with this case with the polythene packets tantamount to 261 gms and the total weight of the Heroin is 255 gms. The embargo under Section 37 of the NDPS Act thus comes into play. 12. It is further submitted that the petitioner was booked under Sections 21(c)/29 of the NDPS Act with allegations of transporting commercial quantity and the weight in the inventory also depicts that the weight of the Heroin is 261 gms without plastic packets and the total sampling weight of the Heroin is 255 gms which is also reflected in the order of the Magistrate while preparing the inventory. 13. It cannot be presumed that the weight of the contraband would be 249.5 gms. 14. I find force in the argument submitted by the learned Additional Public Prosecutor. Page No.# 5/6 15. At this juncture, the weight as mentioned in the inventory cannot be presumed to be 249.5 gms, making it to be a case of intermediate quantity. 16. From the Case Diary and the evidence, it is apparent that the weight of the Heroin is 255 gms, and with the plastic packets the weight of the Heroin seized in connection with this case is 261 gms. 17. The argument of the learned counsel for the petitioner cannot be considered at this stage. It cannot be held conclusively that the weight of Heroin would get reduced to 249.5 gms. This presumption of the weight of Heroin to be 249.5 gms cannot be accepted when the seizure list and the Case Diary reveals that the weight of the Heroin is 255 gms. The petitioner is alleged to be involved in dealing with commercial quantity of contraband, atleast at this stage of investigation. 18. In view of the foregoing discussions, I am not inclined to grant bail to the petitioner at this stage of investigation, considering the embargo under Section 37 of the NDPS Act. 19. Petition stands rejected at this stage. 20. In terms of the above observation, this bail application stands disposed of. 21. Send back the Case Diary. Page No.# 6/6 JUDGE Comparing Assistant