THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

28.03.2025 ORDER Heard Mr. M. Khan, learned counsel for the petitioners as well as Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2) The petitioners, namely, (i) Purushotam Chaturbedi, son of Kashi Prasad Chaturbedi, resident of village-Wazirabad, House No.-25K, Block-2, Police Station-Sector 52, District-Gurgaon, Haryana and (ii) Rajendra Singh, son of Narottam Singh, resident of village-Bagha VTC, Police Station-Bisanda, District-Banda, Uttar Pradesh have filed this application under Section 483 BNSS, 2023 praying for their bail in Guwahati GRPS Case No. 16/2025, registered under Sections 20(b)(ii)(B)/29 of the NDPS Act, 1985, corresponding to G.R. No. 462/2025, in which, the petitioners were arrested on 28.01.2025 and are in custody since then. 3) Matter relates to recovery of 3.542 kgs of Ganja from the petitioner No. 1 and 5.484 kgs of Ganja from the petitioner No.

2 in the Guwahati Railway Station, while they were boarding on the Train No. 12423 DN Dibrugarh-New Delhi Rajdhani Express. 4) It is also seen that the petitioners are from the State of Haryana and Uttar Pradesh respectively. 5) On instruction, Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam submitted that due to non-receipt of the FSL report, the charge sheet in said Guwahati GRPS Case No. 16/2025 could not be filed. 6) As on date, the petitioners have completed 59 days in custody. Tomorrow, i.e., 29.03.2025 is Saturday, which is not a Court working day and day after tomorrow, i.e., 30.03.2025 is Sunday, which is a holiday. Further, on 31.03.2025, i.e., Monday, the Court will remain close on the eve of Eid and by these days, the petitioners shall complete the statutory/mandatory period of detention in custody of 60 days in said Guwahati GRPS Case No. 16/2025. 7) In view of the above, the petitioners are entitled for their bail in said Guwahati GRPS Case No.

16/2025. 8) Accordingly, the petitioners, namely, (i) Purushotam Chaturbedi, son of Kashi Prasad Chaturbedi and (ii) Rajendra Singh, son of Narottam Singh are granted bail in said Guwahati GRPS Case No. 16/2025 on furnishing bail bond of Rs. 75,000/- each, with two local sureties, each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati subject to the conditions that the petitioners — Page No.# 3/4 i) shall appear before the concerned Investigating Officer of said Guwahati GRPS Case No. 16/2025, as and when they are required for necessary investigation of the case; ii) shall surrender their passports, if any, before learned Special Judge (NDPS), Kamrup (Metro), Guwahati on or before 04.04.2025, obtaining necessary acknowledgment in that regard from the said authority; iii) shall not leave the territorial jurisdiction of Guwahati GRPS without obtaining prior written permission from the Court of learned Special Judge (NDPS), Kamrup (Metro), Guwahati; iv) shall not hamper with the investigation, or tamper with the evidence of the case; v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer and vi) shall not indulge themselves in any criminal activities including possession or procurement, transportation and selling of any such NDPS items.

9) It is also made clear that in the event of filing of charge-sheet against the petitioners in said Guwahati GRPS Case No. 16/2025, the petitioners shall appear before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati and shall obtain regular bail from the said Court and further, shall appear on the dates fixed by it, till the conclusion of the trial. 10) Violation of any of the aforesaid terms and conditions by the petitioners, namely, (i) Purushotam Chaturbedi, son of Kashi Prasad Chaturbedi and (ii) Rajendra Singh, son of Narottam Singh the bail granted to them in said Guwahati GRPS Case No. 16/2025, registered under Sections 20(b)(ii)(B)/29 of the NDPS Act, 1985, corresponding to G.R. No. 462/2025 shall stand automatically vacated. 11) This bail application accordingly stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant