Bail Appln./1039/2026 of PULAK DAS Vs THE STATE OF ASSAM on 4 May 2026

ORDER

Date : 05-05-2026 Heard Ms. R. Kalita, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Addl. Public Prosecutor appearing in the matter.

2. This is an application under Section 483 BNSS Act, 2023 praying for allowing the petitioner to go on bail in connection with NDPS Case No. 508/2025 under Section 22(c)/29 NDPS Act pending in the Court of Additional District & Sessions Judge, Kamrup (Metro), Guwahati.

3. On an earlier occasion, this Court had rejected the bail prayer of the petitioner by Order dated 12.02.2026 passed in Bail Appln. No. 236/2026. Prior to that, a bail application bearing No. 3926/2025 was withdrawn by the petitioner praying for liberty to file fresh bail application before the learned Trial Court, which liberty had been granted.

4. The learned counsel for the petitioner has submitted that after the rejection of the earlier bail petition, the trial has proceeded to some extent and two (2) of the witnesses have been examined, who have not attested the presence of the petitioner at the time of the recovery of the contraband items. She has therefore submitted that there is a doubt as to whether he could be convicted of the offences alleged against him. She has further submitted that the petitioner has already suffered 211 days in custody since his initial arrest. She has submitted that the petitioner is aged 23 years and works as a delivery boy in a particular company and on that day, he was delivering items alongwith the driver of the vehicle when another car had been seized near his car and thus, falsely implicated in the case. She has submitted that keeping in view the length of the detention and the age of the petitioner, the petitioner may be granted the privilege of bail.

5. Mr. K. K. Das, learned Addl. Public Prosecutor has submitted that the trial is at the very initial stage and there is no denial with the fact that the petitioner had been apprehended from the place of recovery of the alleged contraband and his name would also reflect in the seizure list. The learned Addl. Public Prosecutor has submitted that release of the petitioner at this stage may hamper or tamper with the trial.The learned Addl. Public Prosecutor has submitted that the provisions of Section 37 of the NDPS Act would be attracted since the amount involved is of commercial quantity.

6. The aforesaid submission has been contested by the learned counsel for the petitioner submitting that the recovery is one of an intermediate quantity as per law and it is yet to be settled whether the amount recovered is of commercial quantity or not.

7. Having heard both the learned counsels, this Court is of the opinion that keeping in view the age of the petitioner, the number of days already spent in custody, the stage of the trial and the fact that there is no allegation that the petitioner is involved in any other case of similar nature, this Court is of the considered opinion that the petitioner can be granted the privilege of bail at this stage.

8. Accordingly, the petitioner may be released on bail on furnishing bail bond of Rs. 50,000/- with two sureties of the like amount, one of whom shall have landed property within the jurisdiction of the learned Trial Court. The learned

Trial Court shall be entitled to impose such other conditions as would be deemed necessary to ensure the participation of the petitioner in the further trial proceedings.

9. Bail application stands disposed of. JUDGE Comparing Assistant