Gauhati High Court
Bappan Das And Anr vs The State Of Assam on 7 July, 2026
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,
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:: 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 60 th 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 62 nd day of the arrest of the
petitioners.
5. I have considered the submissions made by the learned counsel for both sides and
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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
