Mintu Mishra Alias Minal Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

Mintu Mishra Alias Minal Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Bail granted to the petitioner on a bond of Rs. 30,000/- with a suitable surety of like amount, subject to satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), with conditions that the petitioner (i) appear before the Investigating Police Officer as and when called and co-operate with the investigation, and (ii) not directly or indirectly make any inducement, threat or promise to the informant or any other person acquainted with the facts so as to dissuade such person from disclosing such facts before the Investigating Officer or any Court; case diary ordered sent back.

Issue for consideration

Whether the petitioner, detained for 60 days in a case where the seized heroin (about 35 grams) constitutes intermediate quantity, is entitled to bail.

Court's answer

The contraband seized in this case is heroin weighing about 35 grams.

Ratio / Principle

Being less than commercial quantity and more than small quantity, the seized heroin falls within the intermediate quantity category, for which the maximum period of detention under Section 487 of BNSS, 2023 is 60 days.

Key takeaways

Having already been detained behind bars for the said 60 days, the petitioner is entitled to get bail in this case.ratio¶18

Detailed headnote1 paragraphs

Bail granted — NDPS intermediate quantity: Mridul Kumar Kalita, J., disposed of Bail Appln./1959/2025, filed under S. 483 BNSS, 2023, by Mintu Mishra alias Minal, detained since 16.05.2025 in Basistha P.S. Case No. 276/2025 (Ss. 21(b)/29 NDPS Act, 1985). Perusing the records, the Court found the seized contraband to be heroin weighing about 35 grams — less than commercial and more than small quantity, i.e., intermediate quantity — for which the maximum period of detention under S. 487 BNSS, 2023 is 60 days. Having already completed the 60 days' detention, the petitioner was held entitled to bail: Rs. 30,000/- bond with surety of like amount, subject to satisfaction of the CJM, Kamrup (Metro), and conditions requiring co-operation with investigation and abstention from any inducement, threat or promise to dissuade disclosure of facts; the case diary was ordered sent back.

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GAHC010127822025

2025:GAU-AS:9130

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

Case No. : Bail Appln./1959/2025

MINTU MISHRA ALIAS MINAL SON OF LATE RAMEN MISHRA R/O SOURAV NAGAR KRISHNAPUR CHARIALI, HOUSE NO. 3, P.S. BASISTHA, DIST. KAMRUP (METRO), STATE- ASSAM PERMANENT ADDRESSVILL- VILL- BORNADI, KOLBARI P.S. BELSOR, DIST. NALBARI, STATE- ASSAM

VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR M HANDIQUE, MR N AHMED,MS P BORA,K K DAS

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

15.07.2025

1. Heard Mr. M. Handique, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor

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appearing for the State of Assam.

2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Mintu Mishra@Minal who has been detained behind the bars since 16.05.2025 (for the last 60 days) in connection with Basistha P.S. Case No. 276/2025 under Sections 21(b)/29 of the NDPS Act, 1985.

3. On perusal of the records, it appears that the contraband seized in this case is heroin weighing about 35 grams. Thus, the contraband is less than commercial quantity and more than small quantity and thus falls within the category of intermediate quantity and for which the maximum period of detention under Section 487 of BNSS, 2023 is 60 days. As the petitioner has already been detained behind the bars for the last 60 days is entitled to get bail in this case.

4. 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 Chief Judicial Magistrate, Kamrup(Metro) with following conditions that:-

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

(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.

5. Send back the Case Diary.

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

disposed of.

JUDGE

Comparing Assistant