Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010138342026
2026:GAU-AS:9464
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1855/2026 BAPPAN DAS AND ANR SON OF HIRALAL DAS, 2: GOPESH DAS SON OF SOMENDRA DAS BOTH ARE THE RESIDENTS OF - VILLAGE SAIDPUR PART - 3 P.O AMTALA P.S. KATIGARA PIN CODE -788815 DISTRICT CACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM Advocate for the Petitioner : RAKESH DHAR, MR. H DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 :: BEFORE ::
HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA
O R D E R
07.07.2026
Heard the learned counsel Mr. R. Dhar appearing for the petitioners. Also heard Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam. 2. This application under Section 483 of the BNSS, 2023 has been preferred by the petitioners, namely- (1) Bappan Das and (2) Gopesh Das, who are detained behind the bars since 06.05.2026 (for the last 60 days) in connection with Rangia G.R.P.S. Case No.22/2026, under Sections 21(b)/29 of N.D.P.S. Act, 1985. 3. The gist of accusations in this case is that on 07.05.2026, one Prahlad Mandal, S.I. of Police (complainant) has lodged an FIR before the Officer-in-Charge of Rangia G.R.P.S. stating, inter alia, that during routine platform checking at Plat Form No.2 of Rangia Railway Station by GRPS personnel on 06.05.2026, 33 grms of heroin was recovered from the present petitioners. 4. The learned counsel for the petitioners submits that since the weight of the contraband seized in this case is an intermediate quantity, hence, the maximum period of detention during the course of investigation is 60 days only and today is the 60th day of their arrest. The learned counsel for the petitioner further submits that embargo of Section 37 of the NDPS Act is not attracted in this case. The learned Addl. Public Prosecutor also raises no objection as today is the 62nd day of the arrest of the petitioners. 5. I have considered the submissions made by the learned counsel for both sides and
Page No.# 3/3 have gone through the materials available on record. 6. Considering the quantity of contraband seized in this case, which is an intermediate quantity and considering the period of detention of the present petitioners, they are entitled to get bail on the ground of completion of statutory period of detention. 7.
As such, the both the present petitioners, namely- (1) Bappan Das and (2) Gopesh Das, who are detained behind the bars since 06.05.2026 (for the last 60 days) in connection with Rangia G.R.P.S. Case No.22/2026, under Sections 21(b)/29 of N.D.P.S. Act, shall be released on bail of ₹50,000/- each with sureties of like amount to the satisfaction of the learned Special Judge, Rangia subject to fulfilling of the following conditions: i. The petitioners shall co-operate in the investigation and ii. The petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. With the aforesaid direction, the present bail application is disposed of. JUDGE Comparing Assistant