Gauhati High Court
Bail Appln./1435/2026 of SUJIT DAS ALIAS CHOTON Vs THE STATE OF ASSAM on 10 August 2026
GAHC010108862026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1435/2026 SUJIT DAS ALIAS CHOTON S/O SUSHIL DAS, R/O JORANGDISHA, P.S LUMDING, DISTRICT HOJAI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM
GAHC010108862026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1435/2026
SUJIT DAS ALIAS CHOTON
S/O SUSHIL DAS, R/O JORANGDISHA, P.S LUMDING, DISTRICT HOJAI, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE P.P, ASSAM
Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
11.08.2026 Heard Mr. S. Munir, learned counsel for the accused and Mr. P. Barthakur, learned Additional Public Prosecutor, Assam for the State respondent No. 1.
2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused, namely, Sujit Das @Choton, who has been languishing in jail hajot in connection with Special (NDPS) Case No. 39/2026, pending before the Court of the leaned Special Judge (NDPS), Hojai, arising out of Lumding P.S. Case No. 48/2026, under Sections 20(b)(ii)(B)/27A/29 of the NDPS Act, since 01.04.2026.
3. It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one WSI, Rumi Thakuria, Lumding Police Station, on 01.04.2026. The essence of allegation against the present accused is that on 31.03.2026, two local residents, namely, Rana Mazumder and Chandra Pasi, apprehended the present accused, who is suspected to be a drug addict, involved in illegal drug trafficking and produced him at Lumding Police Station. During interrogation, he reveals that his associate, namely, Raju Dey @Narayan Dey, village-Pub Lumding Samajbari, P.S.-Lumding, has been engaging him since long for illicit trafficking of Ganja, by storing the contraband in his house and shop premises and selling it by making pooria. Thereafter, a search was conducted in the house of said Raju Dey and on search; 2.520 kg of suspected Ganja was recovered from his kitchen and 0.182 kg of Ganja was recovered from his shop, along with a sum of Rs. 2,76,700/- and a TVS Jupiter Scooty, bearing Registration No. AS31 E 0241.
4. Mr. Munir, learned counsel for the accused submits that the accused was apprehended on 01.04.2026, and since then, he has been languishing in jail hajot for the last 132 days. He also submits that the accused is not at all involved with the offence alleged in the FIR, but, he submits that the accused is admittedly a drug addict. 4.1 Mr. Munir, further submits that after completion of investigation, charge sheet was submitted and trial is also going on and out of seven witnesses, two witnesses have been examined till date. He also submits that the accused will appear before the learned Trial court on each and every date and will face the trial, and under such circumstances, he has contended to allow this petition.
5. Per contra, Mr. Barthakur, learned Additional Public Prosecutor, Assam for the State respondent No. 1, has opposed the petition, He submits that the case has already been charge-sheeted and seven witnesses have been cited in the charge-sheet and out of those seven witnesses, two witnesses have been examined so far. He also submits that if the accused is enlarged on bail at this stage, it may cause delay in completion of the trial.
6. Having heard the submission of the learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also gone through the scanned copy of the Trial Court Record.
7. It appears that the accused was apprehended on 01.04.2026, and he is behind the bars for the last 132 days. Further, it appears that nothing has been recovered from his possession, but as per his statement, search was conducted in the house and shop premises of co-accused Raju Das and on search, 2.520 kg of suspected Ganja was recovered from his kitchen and 0.182 kg of Ganja was recovered from his shop premises.
8. It also appears that trial has already begun and out of 7 witnesses, 2 witnesses have already been examined so far. Since, Mr. Munir, learned counsel for the accused has assured this Court that the accused will appear before the learned Trial Court on each and every date, and since hampering investigation or tampering witnesses also does not arise at this stage, this Court is inclined to allow this petition.
9. It is provided that on furnishing a bond of Rs. 25,000/- with one surety of the like amount, to the satisfaction of the Court of the leaned Special Judge (NDPS), Hojai, the accused shall be enlarged on bail.
10. In terms of the above, this bail application stands disposed of.
JUDGE Comparing Assistant