Shri Partha Pratim Hazarika Vs the State of Assam

2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Shri Partha Pratim Hazarika, who has been detained behind the bars since 04.06.2025 in connection with Biswanath Chariali P.S. Case No. 109/2025(corresponding to GR Case No. 298/2025), under Sections 21(b)/29 of the NDPS Act, 1985.

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3. The gist of accusation in this case is that on 04.06.2025, one Rajdeep Newar, had lodged an FIR before the Officer-In-Charge of Biswanath Chariali Police Station, inter alia, alleging that on receipt of an information through reliable sources that large quantity of heroin would be transported in a vehicle bearing Registration No. AS 32B4474. Accordingly, a search team was constituted and a naka checking was arranged. During naka checking, the above mentioned vehicle was intercepted and at the time of interception three occupants were there in the vehicle.

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4. During search of the said vehicle 6 grams of suspected Heroin was recovered therefrom.

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5. The learned counsel for the petitioner has submitted that though the petitioner was one of the occupants of the vehicle from where the contraband was recovered, however, it was not recovered from the possession of the present petitioner. He submits that the seized contraband was recovered from the possession of the co-accused, namely, Bedabrat Kakati. He also submits that the petitioner has been detained behind the bars since last 42 days and considering the period of

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detention, he may be allowed to go on bail.

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6. On the other hand, the learned Additional Public Prosecutor Mr. K.K. Parasar has produced the Case Diary of Biswanath Chariali P.S. Case No. 109/2025 and has submitted that the investigation has fairly progressed and it is pending only for receipt of the FSL report.

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7. Considering the submissions made by the learned counsel for both sides and also considering the progress of the investigation as well as the period of detention undergone by the petitioner, this Court is of the view that further custodial detention of the petitioner may not be required for fair completion of the investigation, if he co-operate in the investigation.

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8. In view of the above, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned District & Sessions Judge, Biswanath Chariali, Biswanath, Assam with following conditions that:-

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(i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and

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(ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court.

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9. Send back the Case Diary.

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10. With the above observations, this bail application is accordingly

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disposed of.

JUDGE

Comparing Assistant

Shri Partha Pratim Hazarika v. the State of Assam

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Shri Partha Pratim Hazarika v. the State of Assam

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