Hareswar Boruah v. the State of Assam

Gauhati HC8 May 2025Bail Appln./1255/2025

Case brief

AI extract

What is this about?

NDPS bail, Gauhati High Court, S. 483 BNSS; elderly (65-year-old) accused; Narayanpur P.S. Case No. 23/2025 under S. 20(b)(ii)B/29 NDPS Act; 50 days custody; FSL report pending; further custodial interrogation held unnecessary; bail on Rs. 20,000 bond with one surety; conditions including bar on leaving jurisdiction without permission; Mitali Thakuria, J.; decided 09.05.2025.

What did the court decide?

Bail granted: accused/petitioner Hareswar Boruah to be enlarged on bail on a bond of Rs. 20,000/- with one surety of like amount before the learned Special Judge (NDPS), Lakhimpur, North Lakhimpur, subject to conditions (availability for interrogation; no inducement, threat or promise; no leaving the jurisdiction without prior permission); bail application stands disposed of. ¶¶31

Hareswar Boruah Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the accused/petitioner, languishing in jail since 21.03.2025 in connection with Narayanpur P.S. Case No. 23/2025 (S. 20(b)(ii)B/29 NDPS Act), should be granted bail under S. 483 BNSS.

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Court's answer

On perusal of the case diary, without going into the detailed merits and considering the length of detention already undergone (50 days), the Court held that the I.O. had ample opportunity to interrogate the accused/petitioner in custody and further custodial interrogation was not necessary.

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Ratio / Principle

The accused/petitioner, Hareswar Boruah, is to be enlarged on bail on furnishing a bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned Special Judge (NDPS), Lakhimpur, North Lakhimpur.

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Key takeaways

Bail is subject to conditions: (i) the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure; and (iii) he shall not leave the jurisdiction of the learned Special Judge (NDPS), Lakhimpur, North Lakhimpur without prior permission.ratio¶¶26

Detailed headnote1 paragraphs

Gauhati High Court (Mitali Thakuria, J.), order dated 09.05.2025 in Bail Appln./1255/2025: Application under S. 483 BNSS by a 65-year-old accused in custody since 21.03.2025 in Narayanpur P.S. Case No. 23/2025, registered under S. 20(b)(ii)B/29 NDPS Act; the State opposed bail citing recovery from conscious possession and a pending FSL report. Considering the 50 days' detention already undergone and the ample opportunity the I.O. had to interrogate the accused in custody, the Court held further custodial interrogation unnecessary and enlarged the accused on bail on a bond of Rs. 20,000/- with one like surety before the Special Judge (NDPS), Lakhimpur, North Lakhimpur, subject to conditions: availability for interrogation as and when required, no inducement/threat/promise to dissuade disclosure, and no leaving the said jurisdiction without prior permission.

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GAHC010082872025

2025:GAU-AS:5761

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./1255/2025

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HARESWAR BORUAH

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SON OF LATE KOLAI BARUAH, RESIDENT OF VILLAGE BHOGPUR CHARIALI, NARAYANPUR, LAKHIMPUR, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PP ASSAM

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Advocate for the Petitioner : MR A K BORAH, MR. H S BORAH

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER

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09.05.2025

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Heard Mr. A. K. Borah, learned counsel of the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor representing the State respondent.

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2. This application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 21.03.2025 in connection with Narayanpur P. S. Case No. 23/2025, registered under Section 20(b) (ii) B/29 of the NDPS Act.

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3. The Case Diary as called for, has already been received and I have perused the same.

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4. It is submitted by Mr. Borah, learned counsel for the petitioner, that the accused/petitioner is a 65-year-old ailing person who was arrested on 21.03.2025 and has been in custody since then. He submits that the Investigating Officer got ample opportunity to interrogate the petitioner keeping him in custody. It is further submitted that the recovery in question was not made from the conscious possession of the accused/petitioner. The petitioner is ready and willing to extend full cooperation in the further investigation of the case if granted the privilege of bail, particularly considering his health condition.

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5. On the other hand, Mr. Kaushik, learned Additional Public Prosecutor, submits that there are sufficient incriminating materials available against the accused/petitioner, and the recovery was indeed made from his conscious

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possession. He further submits that the FSL report has not yet been received, and therefore, he raised objection in granting bail to the accused/petitioner at this stage.

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6. Considering the submissions of learned counsels for both sides, I have perused the case diary. Thus, without going into the detail merit of the case as well as considering the length of detention already undergone by the accused/petitioner i.e.

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days, I am of the view that the I.O. got ample opportunity to interrogate the accused/petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case.

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7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/(Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge (NDPS), Lakhimpur, North Lakhimpur, the accused/petitioner, namely, Hareswar Boruah , be enlarged on bail, subject to the following conditions:

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(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required;

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(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

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(iii) that the petitioner shall not leave the jurisdiction of the learned

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Special Judge (NDPS), Lakhimpur, North Lakhimpur, without prior permission.

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8. In terms of above, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

Hareswar Boruah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Hareswar Boruah v. the State of Assam

Case brief

What is this about?

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