Dismissed¶24

Poragmoni Nath v. the State of Assam

Gauhati HC14 Jul 2026Bail Appln./1818/2026

Case brief

AI extract

What is this about?

Bail rejected; Gauhati High Court; Justice Pranjal Das; Bail Appln./1818/2026; Section 483 BNSS 2023; NDPS Act Sections 21(b)/29; Azara P.S. Case No. 61/2026; FIR dated 23-05-2026; arrest 23-05-2026; heroin approx. 91 grams intermediate quantity; plastic vials; cash Rs. 37,000/-; syringes; habitual offender; drug peddler; three other pending cases including Azara PS 128/25 and Azara PS 72/25; detention 55 days; FSL report pending; case diary returned.

What did the court decide?

The materials of investigation from the case diary prima facie indicate the involvement of the petitioner in peddling of drugs in that area for a considerable time. ¶23

Poragmoni Nath Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶24

Issue for consideration

Whether the accused-petitioner should be granted bail under Section 483 of the BNSS, 2023 in connection with Azara P.S. Case No. 61/2026 (Sections 21(b)/29, NDPS Act), the plea resting primarily on the length of detention (stated to be 55 days) while investigation remains incomplete.

¶22

Court's answer

The materials of investigation from the case diary prima facie indicate the involvement of the petitioner in peddling of drugs in that area for a considerable time.

¶23

Ratio / Principle

Despite the length of detention, the Court considered it prudent to allow the investigation to be completed before releasing the petitioner, and accordingly rejected the bail application.

¶23

Detailed headnote1 paragraphs

Gauhati High Court (Pranjal Das, J.), order dated 15.07.2026 in Bail Appln./1818/2026: bail application filed under Section 483 of the BNSS, 2023 by Poragmoni Nath, arrested on 23-05-2026 in Azara P.S. Case No. 61/2026 under Sections 21(b)/29 of the NDPS Act, stands rejected and disposed of. The FIR alleges that on source information the police apprehended the petitioner from his house; the search yielded plastic vials containing suspected heroin (quantity stated to be approximately 91 grams, i.e., intermediate quantity), cash of Rs. 37,000/- and syringes. The forwarding report records three other cases pending against him, two under the NDPS Act (Azara PS case No. 128 of 25 under 21(b) NDPS Act; Azara PS 72 of 25 under 21(b) of 2029), and describes him as a suspected habitual offender and drug peddler. Counsel urged bail primarily on the ground of length of detention (55 days); investigation was pending receipt of the FSL report. Holding that the case diary prima facie indicated his involvement in drug peddling for a considerable time and that, despite the length of detention, it was prudent to allow the investigation to be completed, the Court rejected the application and directed return of the case diary.

Page No.# 1/2

GAHC010134022026

undefined

THE GAUHATI HIGH COURT

¶5

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

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Case No. : Bail Appln./1818/2026

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PORAGMONI NATH

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SON OF BINOY NATH, VILLAGE- JOGIPARA (VIP), P.O. AND P.S.- AZARA, DISTRICT- KAMRUP (M) ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MS. R KALITA, MS. C BARMAN Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS

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ORDER

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15.07.2026

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Heard Mr. R. Kalita, learned counsel appearing for the accused petitioner as well as Mr. K. K. Das, learned Addl. P.P., Assam appearing for the State respondent.

¶16

This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Poragmoni Nath, praying for grant of bail in connection with Azara P.S. Case No.61/2026 under Sections 21(b)/29 of NDPS Act. The petitioner was arrested on 23-05-2026.

¶17

The gist of the allegations in the FIR dated 23-05-2026 is that upon source

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Page No.# 2/2

¶19

information, the police team reached the concerned place and apprehended the petitioner from his house. During search of the premises, 1.74 numbers of plastic vials containing suspected heroin was found and seized. Apart from that cash of Rs. 37,000/- syringes, etc. were also found. The quantity of the heroin is stated to be 91 grams approximately, thereby falling under intermediate quantity.

¶20

In the grounds of arrest as part of the forwarding report, the IO in Para 4 thereof has mentioned about three other cases pending against the present petitioner two of them under the NDPS Act being Azara PS case No. 128 of 25 under 21(b) NDPS Act and Azara PS 72 of 25 under 21(b) of 2029. It is stated in the forwarding report that the petitioner is suspected to be a habitual offender and a peddler of drugs in that area.

¶21

The case diary has been placed before the Court and I have seen the progress of the investigation. It appears that investigation is pending for receipt of the FSL report.

¶22

The learned counsel primarily contains that the bail may be considered on the ground of length of detention, which is stated to be 55 days.

¶23

The materials of investigation from the case diary prima facie indicates the involvement of the petitioner in peddling of drugs in that area for a considerable time. Despite the length of detention, it would be prudent to allow the investigation to be completed.

¶24

Accordingly, this bail application stands rejected and disposed of .

¶25

Return the case diary.

¶26

JUDGE

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Comparing Assistant

Poragmoni Nath v. the State of Assam

Case brief

What is this about?

What did the court decide?

Poragmoni Nath v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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