Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010091402026
2026:GAU-AS:8194
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1220/2026 LAMNEICHONG ALIAS LILY W/O LATE MANGMINLUM @ SEIMINLEN DONGEL, R/O L. PHAINOM, NEW BAZAR STATION, P.S. AND DIST. CHURACHANDPUR, MANIPUR. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, MS. A K CHOPHI,A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./1347/2026 LHINGKHOKIM ALIAS LIHIN NU W/O- LATE MANGNEO R/O VILLAGE- P. MINJANG NEW BAZAAR STATION P.S DIST CHURACHANDPUR MANIPUR. VERSUS
Page No.# 2/3 THE STATE OF ASSAM REPRESENTED BY THE P.P ASSAM ------------ Advocate for : MR. T K BHUYAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
10.06.2026
Heard Mr. K.N. Choudhury, the learned senior counsel assisted by Mr. M. Biswas, the learned counsel appearing for the petitioners. Also heard Mr. M.P. Goswami, the Addl. Public Prosecutor, Assam. 2. These two bail applications under Section 483 of the BNSS, 2023 whereby the petitioners Lamneichong @ Lily and Lhingkhokim @ Lihin Nu have prayed for releasing them on bail as they are facing trial after their arrest in Guwahati GRPS Case No.35/2026 under Sections 21(c)/29 of the NDPS Act. 3. On 22.02.2026 at about 7.25 A.M. police received a secret information that 3-4 women were carrying narcotic drugs in the general coach of the Train No.15610 DN Sairang-Guwahati Express. Police confronted those women at Guwahati Railway Station. From the petitioner Lamneichong @ Lily, 169 grms. of suspected heroin was recovered. From Lhingkhokim @ Lihin Nu, 174 grms. of suspected heroin was recovered. Both of them have now completed 108 days in judicial custody. Page No.# 3/3
4. Mr. Choudhury has submitted that both the women were travelling together but were individually carrying the recovered substances. In order to buttress his point, Mr. Choudhury has relied upon a decision of the Hon’ble Supreme Court that was delivered in Amar Singh Ramjibhai Barot v. State of Gujarat, reported in (2005) 7 SCC
550. In this judgment, the Supreme Court has held that individual quantity should be considered as seized drugs and not the entire amount of drugs seized from different persons. 5. Mr.
Goswami has submitted that both the women carried the substances together just to evade the rigors of Section 37 of the NDPS Act. Mr. Goswami submitted that both the women belong to the same village. Mr. Goswami further submitted that the ratio laid down in Amar Singh Ramjibhai Barot (supra), is not applicable in this case because that was passed in an appeal and not in a application for bail. 6. I have given my anxious considerations to the submissions made by the learned counsels of both sides. 7. Going by the ratio laid down in Amar Singh Ramjibhai Barot (supra), the amounts of narcotic drugs individually recovered from the possession of those two women, are of intermediate quantity. They have spent 108 days in judicial custody. This Court is of the opinion that considering the period of detention already undergone by these two women in custody should be taken as aground for releasing them on bail. 8. The bail application is allowed. 9. The petitioners Lamneichong @ Lily and Lhingkhokim @ Lihin Nu shall be released on bail of ₹50,000/- each with two sureties of like amount to the satisfaction of learned Special Judge, Kamrup (M) at Guwahati. With the above direction, both the bail applications are disposed of. JUDGE Comparing Assistant