Gauhati High Court
Bail Appln./2466/2026 of BISWAJIT NAMASHUDRA Vs THE STATE OF ASSAM on 6 September 2026
GAHC010182852026 2026:GAU-AS:12902 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2466/2026 BISWAJIT NAMASHUDRA S/O NIPENDRA NAMASHUDRA, R/O VILL GHANIARPAR FOREST VILLAGE, PS AND PO MURAJHAR, DIST HOJAI, ASSAM VERSUS THE STATE OF
GAHC010182852026
2026:GAU-AS:12902
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2466/2026
BISWAJIT NAMASHUDRA
S/O NIPENDRA NAMASHUDRA, R/O VILL GHANIARPAR FOREST VILLAGE, PS AND PO MURAJHAR, DIST HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : TAWHID LASKAR, MS. S NISHA SULTANA
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 07.09.2026 Heard Mr. T. Laskar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appearing for the State of Assam.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 whereby the petitioner, namely, Biswajit Namashudra has prayed for releasing him on bail after he was arrested on 10.06.2026 in connection with Murajhar Police Station Case No. 105/2026, registered under Sections 20(b)(ii) (A)/29/27A of NDPS Act,1985 read with Section 4 of the Assam Bhang and Ganja Prohibition Act, 1958.
3. By the last order, the scanned copy of the TCR, along with the Case Diary and charge-sheet, was called for. However, as per the report of the learned District and Sessions Judge, Hojai, dated 31.08.2026, the charge-sheet has not yet been submitted.
4. As per the inventory, the recovered quantity of suspected ganja, consisting of dried leaves, is 978 gms, which falls within the category of small quantity.
5. Furthermore, although Section 27-A of the NDPS Act has been invoked, upon perusal of the FIR, there is no specific allegation of financing against the petitioner. The forwarding report contains a statement that the petitioner was found to be harbouring persons engaged in the illicit drug trade; however, no particulars of any such person have been mentioned either in the FIR or in the forwarding report. No such material is available from any other part of the record.
6. Having regard to the above, it prima facie appears that the case relates to a small quantity, and the bar under Section 37 of the NDPS Act does not appear to be prima-facie attracted.
7. Having regard to the above, as well as the period of detention of 90 days undergone by the petitioner, prayer for bail is allowed. Accordingly, it is directed that the petitioner shall be released on a bail bond of ₹50,000/- (Rupees fifty thousand) only with two sureties of like amount to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with Murajhar Police Station Case No. 105/2026, registered under Sections 20(b)(ii)(A)/29/27A of NDPS Act,1985 read with Section 4 of the Assam Bhang and Ganja Prohibition Act, 1958.
8. It is further provided that the petitioner shall regularly participate in the trial and shall not try to tamper with the remaining witnesses.
9. Accordingly, the bail application stands disposed of.
JUDGE Comparing Assistant