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2026 DAILYLAW 749 (GAU)

HAOLENTHANG ALIAS HAOLENTHANG KIPGEN v. THE UNION OF INDIA

Bail Appln./3862/2025 · 2026-01-18

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010256512025 2026:GAU-AS:529 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3862/2025 HAOLENTHANG ALIAS HAOLENTHANG KIPGEN SON OF LATE TONGLUN RESIDENT OF VILLAGE KANGCHUP TUIKUN PO LAMSANG PS SAPORMEINA GAMNOM TEHSIL SAITU GAMPHAZOL DISTRICT KANGPOKPI MANIPUR VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL DIRECTORATE OF REVENUE INTELLIGENCE (DRI) Advocate for the Petitioner : MR. M BISWAS, A GHOSAL,J SINGPHO Advocate for the Respondent : SC, DRI, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 19.01.2026 Heard Mr. M. Biswas, the learned counsel appearing for the petitioner. Also Page No.# 2/2 heard Ms. R. Hussain, the learned Standing Counsel, D.R.I. 2. This is an application under Section 483 of the BNSS, 2023 praying for regular bail to the petitioner, namely- Haolenthang Kipgen who is facing trial in NDPS Case No.150/2023 arising out of DRI Case No.01/CL/NDPS/HEROIN/DRI/GZU/2023-24 pending in the court of learned Addl. Sessions Judge No.1, Kamrup(M) at Guwahati. 3. In the Charge Sheet, 11 persons are shown as prosecution witnesses and out of them, 10 are already examined. Only one remains to be examined. 4. Mr. Biswas has submitted that the petitioner has already spent 2 years 9 months and 16 days in judicial custody. According to Mr. Biswas, the provisions of Section 47 and 48 of the BNSS, 2023 were also not complied with. 5. Ms. Hussain has submitted that trial is going on at full swing and there is no unnecessary delay in the trial. Ms. Hussain further submits that if the petitioner is allowed to go on bail at this stage, there will be delay in disposal of the case. 6. I have considered the submissions made by the learned counsel of both sides. 7. Only one witness remains to be examined. I have decided to agree with Ms. Hussain that allowing the bail prayer of the petitioner would hamper early disposal of the case before the trial court. Therefore, the bail application of the petitioner is rejected and disposed of accordingly. JUDGE Comparing Assistant