Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 11 March, 2026
Page No.# 1/4
GAHC010041712026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./694/2026
ASIT MANDAL AND ANR
SON OF ARJUN MANDAL
R/O MANIKTOLA
P.O.DUSHOBIGHA
P.S. KALIACHAK
DIST. MALDA, WEST BENGAL.
2: MADAN MANDAL
S/O NIBARAN MANDAL
R/O VILL- GANGANARAYANPUR
P.O. RAMNAGAR
P.S. KALIACHAK
DIST. MALDA
WEST BENGAL
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MISS. P M
AHMED,MR. A AHMED
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 11.03.2026
Heard Mr. M. A. Choudhury, learned counsel for the petitioners. Also heard
Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State of
Assam.
2. By this application, the petitioner has prayed for bail in connection with
Special NDPS Case No. 74/2025 arising out of Badarpur GRPS Case No. 35/2025
registered under Section 21(C)/29 of Narcotic Drug and Psychotropic
Substances Act, 1985.
3. The FIR dated 22.10.2025 reveals that on information that 4 Nos. of drug
peddlers were transporting narcotic substance from Badarpur Railway Junction
and were boarding the train the police officials rushed to the said railway station
and apprehended the said 4 Nos. of suspected persons. Amongst whom, 2 Nos.
of petitioners are before this Court, namely: Asit Mandal and Madan Mandal.
4. It is further alleged that on a spot verification the narcotic substances
were found to be Heroin.
5. Mr. M. A. Choudhury, learned counsel for the petitioners submits that the
petitioners had themselves stated before the Police personnel that they were
given Rs.10,000/- (Rupees ten thousand) only each for transporting the said
drugs from Badarpur Railway junction. He further submits that the Arrest Memo,
which was given to the petitioners wherein violation of Section 36 of the BNSS
Act, 2023 inasmuch as the signature of the witness was not present.
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6. Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State
of Assam check the original Arrest Memo from the case record and he also
found that the signatures of atleast one witness being a family member or
locally known person was not there.
7. In view of the same for violation of Section 36 of the BNSS Act, 2023,
which results in violation of Article 21 of the Constitution of India, this Court
deems it fit that the petitioners be released on bail on furnishing a bail bond of
Rs.20,000/- (Rupees twenty thousand) only each with one local surety of like
amount to the satisfaction of the Special Judge, NDPS, Sribhumi under the
following conditions:-
1. That the petitioners will appear before the
Investigating Officer within 7(seven) days and co-
operate in the investigation as and when required;
2. The petitioners will not leave the territorial
jurisdiction of the police station, without prior written
permission from Officer-in-Charge, Badarpur Police
Station.
3. That the petitioners will not hamper or tamper with
the investigation in any manner; and
4. That the petitioners will not, directly or indirectly,
make any inducement, threat or promise to any
person/witness acquainted with the facts of the case so
as to dissuade him/her from disclosing such facts to the
Court or to any police officer in connection to this Police
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Station Case.
8. If any of the conditions are found to be violated then the Investigating
Officer shall be at liberty to seek cancellation of the bail granted to the
petitioners.
9. Bail application is accordingly allowed.
10. Returned the Case Diary.
JUDGE
Comparing Assistant
