Bail Appln./269/2026 of FAGUNI DAIMARY Vs THE STATE OF ASSAM on 5 March 2026

ORDER

Date : 06-03-2026 Heard Mr. S.S.A Rahman, learned counsel for the petitioner. Also heard Mr. R.J Baruah, learned Addl. P.P appearing for the State. This is an application filed under section 483 of BNSS praying for granting the privilege of regular bail to the petitioner/accused who was arrested on 09.12.2025 in connection with the Orang P.S Case No. 96/2025 u/s 20(b)(ii)(c) of NDPS Act.

The gist of the allegation against the petitioner herein is that she was apprehended by the Police authority of Orang P.S in Udalguri district during a search of house of her husband where 10 Nos. of a white polythene packets suspected cannabis ganja was found inside the bedroom of the petitioner concealed under her bed. It is further the case that, on completion of the seizure, the petitioner had been apprehended and on her indication, from another house of a nearby located on a plot of land, some more cannabis ganja had been recovered. The petitioner was unconscious and had to be kept under the supervision of Women Police Constable. The petitioner was arrested and produced before the remand Court, wherefrom she was remanded further in custody and she is behind bar since 09.12.2025. The learned counsel for the petitioner has submitted that the husband of the petitioner has surrendered before the authorities during the pendency of this bail petition. The learned counsel for the petitioner has submitted that the petitioner being wife of the prime accused, she was not involved in the trade but had been victim of circumstances. The learned counsel for the petitioner has submitted that the petitioner has spend nearly 90 days in custody and she has 7 years old son who needs attention of parent at this tender age, more so, since the father of the child had also surrendered before the appropriate authority to face the investigation. The learned Addl. P.P has submitted that the CD have been received which reflects that a total 76.120 kg of cannabis ganja had been recovered in the presence of the petitioner and since the quantity is commercial, the rigors of section 37 of NDPS Act would come into play. He has accordingly prayed for dismissal of the bail petition. This Court has gone through the CD available and it is seen that the recovery of the alleged cannabis ganja had been made from two places, one below the bed in a concealed from the bedroom of the husband of the petitioner and another from an abandoned house. Admittedly, the petitioner herein, fell unconscious during the search itself. The amount of contraband ganja is of commercial quantity and has been recovered in the presence of the petitioner from the bedroom of the house and also from the location which was pointed out by her as per the CD. Keeping in view of the rigors of section 37 of NDPS Act, at this stage, this Court is not inclined to grant bail to the accused/petitioner. With regard to the submission of the learned counsel for the petitioner regarding the child of the petitioner, the learned Trial Court is directed to take into account the requirement of the minor child and arrange for proper care in accordance with law including visiting right to the petitioner as required. This bail application stands dismissed at this stage. JUDGE Comparing Assistant