Gauhati High Court
AB/2082/2026 of SHRI BINAY DAS AND ANR Vs THE STATE OF ASSAM on 1 September 2026
GAHC010187502026 2026:GAU-AS:12718 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2082/2026 SHRI BINAY DAS AND ANR S/O LATE MOJILAL DAS, PERMANENT R/O SONPUR, WARD NO. 9, PS NALBARI, DIST NALBARI, ASSAM 2: SMTI PALLABI DAS W/O SHRI BINAY DAS
GAHC010187502026
2026:GAU-AS:12718
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2082/2026
SHRI BINAY DAS AND ANR
S/O LATE MOJILAL DAS, PERMANENT R/O SONPUR, WARD NO. 9, PS
NALBARI, DIST NALBARI, ASSAM
2: SMTI PALLABI DAS
W/O SHRI BINAY DAS
PERMANENT R/O SONPUR
WARD NO. 9
PS NALBARI
DIST NALBARI
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR B K SINGH, MS. D PEGU
Advocate for the Respondent : PP, ASSAM, B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
02.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Prosecutor for the State.
2. This is an application filed under Section 482 of the BNSS, 2023 praying for pre-arrest in connection with Nalbari P.S. Case No. 148/2026 under Sections 21(b)/29 of the NDPS Act, 1985.
3. As per the FIR, Binoy Das was apprehended and from his possession, 6 grams of suspected heroin in a plastic pouch was recovered, and accordingly, he was arrested. The present petitioner has also been named as an accused in the FIR on the basis of the statement of the arrested accused. However, a perusal of the order of the learned Magistrate dated 21.07.2026, by which the inventory was certified, reveals that the net total quantity of suspected heroin was 0.48 grams, which amounts to a small quantity and, therefore, prima facie Section 21(b) of the NDPS Act does not appear to be attracted.
4. Having regard to the above and the quantity involved, the prayer for pre- arrest bail is allowed.
5. The petitioner, in the event of his arrest in connection with the aforesaid case, shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the arresting authority.
6. The petitioner shall appear before the IO within a period of 10 days from today and co-operate with the investigation.
7. The bail petition stands allowed and disposed of accordingly.
JUDGE Comparing Assistant