Gauhati High Court

Bail Appln./2729/2026 of TAPASH SARKAR Vs THE STATE OF ASSAM on 14 September 2026

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GAHC010200132026 2026:GAU-AS:13625 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2729/2026 TAPASH SARKAR S/O- AJAY SARKAR R/O-POLOKHONI, NEAR KALI MANDIR, P.S DISTRICT- SIVASAGAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY

GAHC010200132026

2026:GAU-AS:13625

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./2729/2026

TAPASH SARKAR

S/O- AJAY SARKAR R/O-POLOKHONI, NEAR KALI MANDIR, P.S DISTRICT- SIVASAGAR, ASSAM.

VERSUS

THE STATE OF ASSAM

REPRESENTED BY PUBLIC PROSECUTOR.

Advocate for the Petitioner : MR B P BORAH, MR. A KHANDAKAR,MR P J DUTTA

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

Date : 15.09.2026

Heard Mr. P.J. Dutta, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

2. This petition, under Section 483, BNSS is preferred by accused, namely, Tapash Sarkar, who has been languishing in jail hazot in connection with Sivasagar P.S. Case No. 121/2026, under Section 112 of the BNS, read with

Sections 21(b)/29 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 Panchapallab Bora of Sivasagar P.S. on 28.06.2026. The allegation against the present accused is that on 28.06.2026, he was found in possession of 9.27 grams of suspected heroin.

4. Mr. Dutta, the learned counsel for the accused submits that after completion of investigation, within a period of two days of filing of the FIR on 28.06.2026, the I.O. has submitted part charge-sheet against the present accused, however, till date, the learned Special Judge (NDPS), Sivasagar has not taken cognizance of the offence due to want of FSL report. Mr. Dutta also submits that the accused has been languishing in jail hazot for last 77 days and therefore, it is contended to allow the petition.

5. It is to be noted here that while the matter was taken up in the first half of the day, Mr. Borthakur, learned Additional Public Prosecutor was directed to obtain instruction as to why no cognizance has been taken till date though the part charge-sheet was submitted immediately after two days of the filing of the FIR, and today at 2 p.m., Mr. Borthakur has apprised this Court, on instruction, that the FSL report has not been received.

6. It also appears from the record that the accused was arrested on 29.06.2026, and since then, he has been languishing in jail hazot, and the investigation has already been completed and part charge-sheet has been submitted against him, and now the trial will commence and the accused has to prepare his defence. It further appears that FSL report has not been received by the I.O., for which final charge-sheet could not be submitted, and on such count, trial has not yet commenced.

7. In view of the above facts and circumstances, this Court is inclined to allow this petition. 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), Sivasagar, the accused be enlarged on bail.

8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

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