Bail Appln./2774/2026 of CHANDESWAR DUTTA ALIAS SANDESWAR DUTTA Vs THE STATE OF ASSAM on 29 September 2026

ORDER

Date : 30.09.2026

Heard Mr. K. Boruah, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

2. This petition, under Section 483, BNSS, 2023 is preferred by accused, namely, Chandeswar Dutta @ Sandeswar Dutta, who has been languishing in jail hazot in connection with North Lakhimpur P.S. Case No. 265/2026, under

Sections 20(b)(ii)(B)/25/27A of the NDPS Act, for grant of bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Bishal Chetry of North Lakhimpur P.S. on 21.08.2026. The essence of allegation against the present accused is that on 20.08.2026, acting on a tip off, a search was conducted in the residence of the accused and 4.136 kg of ganja with one plastic bag was recovered from his house.

4. Mr. Boruah, the learned counsel for the accused submits that the accused was arrested on 21.08.2026 and since then, he has been languishing in jail hazot for last 40 days, and that the quantity of contraband substance recovered from the possession of the accused is 4.136 kg only and the statutory period of detention herein this case is 60 days since the quantity is of intermediate quantity. Mr. Boruah also submits that the case has been registered under Section 27A of the NDPS Act also and the same may not be attracted in this case, and under such circumstances, he has contended to allow this petition.

5. Per contra, Mr. Sarma, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the case is pending for collection of the FSL report, and that the I.O. has examined some of the witnesses including the seizure witnesses.

6. To a pointed query of this Court, Mr. Sarma submits that the ingredients of the offence under Section 27A of the NDPS Act is not there in the statement of the witnesses examined by the I.O. so far.

7. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Additional Public Prosecutor.

8. It appears that the accused has been languishing in jail hazot for last 40 days. It also appears that the contraband substance allegedly recovered from the possession of the accused is 4.136 kg, which is of intermediate quantity. It further appears that though the case has been registered under Section 27A of the NDPS Act, there is inadequacy of materials to show complicity of the accused with the said offence. And in that view of the matter, this Court is inclined to allow this petition.

9. It is provided that on furnishing a bond of Rs. 10,000/- with one surety of like amount, to the satisfaction of the learned Special Judge (NDPS), Lakhimpur, the accused be enlarged on bail.

10. In terms of above, this bail application stands disposed of.

11. Case diary be returned. JUDGE Comparing Assistant