The court allowed a bail application filed by a petitioner arrested in an NDPS case involving the seizure of ganja. Relying on the principle that individual quantity matters, and noting the petitioner had already spent 46 days in custody, the court granted bail.
Bail granted with a bond of Rs.50,000/- and a local surety of like amount.
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GAHC010129292025
2025:GAU-AS:7876
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1950/2025
JAMES KAMEI S/O- MUNAL KAMEI. R/O-NAMDULONG,P.S-- POROMPAT, DIST.- IMPHAL EAST, MANIPUR
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM
Advocate for the Petitioner : MR. M BISWAS, MR. A BHARDWAZ,MS. A K CHOPHI,S K DAS,A GHOSAL,J SINGPHO
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 16.06.2025
1. Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.
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2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, James Kamei has prayed for releasing him on bail after he was arrested in connection with Guwahati GRPS Case No.60/2025.
3. Four (4) persons were travelling together in a train, from each of them different quantities of ganja were seized. The Investigating Officer combined the seizure from four persons and the amount stood at 65.5 Kgs of ganja, from the seizure list it appears that 14.35 Kg of ganja were recovered from the present petitioner.
4. Learned counsel for the petitioner has relied upon a Judgment of the Hon’ble Supreme Court that was delivered in Amarshingh Ramjibhai Barot Vs. State of Gujarat reported in (2005) 7 SCC 550.
5. In the said case, it has been held by the Hon’ble Supreme Court that the individual quantity should be considered as seized contraband and not the entire amount of contraband seized from different persons.
6. Mr. Parasar, learned Additional Public Prosecutor has objected to this bail application.
7. The petitioner was found in a possession of intermediate quantity of ganja, he has already spent 46 days in Judicial Custody, this Court is of the opinion that the petitioner no longer deserves to be detained in custody.
8. The bail application of the petitioner is allowed.
9. The petitioner, James Kamei, who was arrested in connection with Guwahati GRPS Case No.60/2025 shall be released on bail of Rs.50,000/- with a local surety of
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like amount to the satisfaction of the learned Special Judge NDPS, Kamrup (Metro), Guwahati.
10. The present bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether individual quantity of ganja seized from the petitioner should be considered instead of the combined quantity from four persons.
Colour shows how this judgement treated each authority
Amarshingh Ramjibhai Barot Vs. State of GujaratRelied on¶18
(2005) 7 SCC 550 · Who else cites this
1 provisions across 1 enactments
JAMES KAMEI
THE STATE OF ASSAM
PARTHIVJYOTI SAIKIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
