Bappan Das and Anr. v. the State of Assam

Gauhati HC6 Jul 2026Bail Appln./1855/2026

Case brief

AI extract

What is this about?

Statutory-period (default) bail under S.483 BNSS 2023; N.D.P.S. Act S.21(b)/29; 33 grms heroin; intermediate quantity; S.37 NDPS embargo not attracted; 60-day detention period completed; Gauhati High Court; Rangia G.R.P.S. Case No.22/2026; bail of ₹50,000/- each with like sureties; Special Judge, Rangia; Mridul Kumar Kalita, J.; order dated 07.07.2026; petitioners Bappan Das and Gopesh Das; State of Assam.

What did the court decide?

Bail granted to both petitioners (Bappan Das and Gopesh Das): release on bail of ₹50,000/- each with sureties of like amount to the satisfaction of the learned Special Judge, Rangia, subject to conditions that they co-operate in the investigation and make no inducement, threat or promise to the informant or other persons acquainted with the facts of the case. ¶¶27

Bappan Das and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, detained since 06.05.2026 in Rangia G.R.P.S. Case No.22/2026 under Sections 21(b)/29 N.D.P.S. Act, 1985 for an intermediate quantity of contraband, are entitled to bail on completion of the statutory period of detention. +1 more

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Court's answer

Considering the quantity of contraband seized (an intermediate quantity) and the period of detention undergone, the petitioners are entitled to bail on the ground of completion of the statutory period of detention.

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Ratio / Principle

Both petitioners shall be released on bail of ₹50,000/- each with sureties of like amount to the satisfaction of the learned Special Judge, Rangia, subject to conditions of co-operation in the investigation and of not making any inducement, threat or promise to the informant or other witnesses.

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Detailed headnote1 paragraphs

Gauhati High Court (Mridul Kumar Kalita, J.), order dated 07.07.2026 in Bail Appln./1855/2026: Application under Section 483 of the BNSS, 2023 by Bappan Das and Gopesh Das, in custody since 06.05.2026 in Rangia G.R.P.S. Case No.22/2026 under Sections 21(b)/29 of the N.D.P.S. Act, 1985, arising from recovery of 33 grms of heroin during routine platform checking at Rangia Railway Station. Held: the seized quantity being an intermediate quantity and the statutory period of detention (60 days) having been completed, the petitioners were entitled to bail; directed to be released on bail of ₹50,000/- each with sureties of like amount to the satisfaction of the learned Special Judge, Rangia, subject to conditions of co-operation with the investigation and non-inducement of the informant or witnesses. Application disposed of.

Page No.# 1/3

GAHC010138342026

2026:GAU-AS:9464

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

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Case No. : Bail Appln./1855/2026

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BAPPAN DAS AND ANR SON OF HIRALAL DAS,

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2: GOPESH DAS SON OF SOMENDRA DAS BOTH ARE THE RESIDENTS OF - VILLAGE SAIDPUR PART - 3 P.O AMTALA P.S. KATIGARA PIN CODE -788815 DISTRICT CACHAR ASSA VERSUS

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THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM

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Advocate for the Petitioner : RAKESH DHAR, MR. H DAS

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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:: BEFORE ::

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HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA

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O R D E R

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07.07.2026

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Heard the learned counsel Mr. R. Dhar appearing for the petitioners. Also heard Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam.

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2. This application under Section 483 of the BNSS, 2023 has been preferred by the petitioners, namely- (1) Bappan Das and (2) Gopesh Das, who are detained behind the bars since 06.05.2026 (for the last 60 days) in connection with Rangia G.R.P.S. Case No.22/2026, under Sections 21(b)/29 of N.D.P.S. Act, 1985.

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3. The gist of accusations in this case is that on 07.05.2026, one Prahlad Mandal, S.I. of Police (complainant) has lodged an FIR before the Officer-in-Charge of Rangia G.R.P.S. stating, inter alia, that during routine platform checking at Plat Form No.2 of Rangia Railway Station by GRPS personnel on 06.05.2026, 33 grms of heroin was recovered from the present petitioners.

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4. The learned counsel for the petitioners submits that since the weight of the contraband seized in this case is an intermediate quantity, hence, the maximum period of detention during the course of investigation is 60 days only and today is the 60^th day of their arrest. The learned counsel for the petitioner further submits that embargo of Section 37 of the NDPS Act is not attracted in this case. The learned Addl. Public Prosecutor also raises no objection as today is the 62^nd day of the arrest of the petitioners.

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5. I have considered the submissions made by the learned counsel for both sides and

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Page No.# 3/3

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have gone through the materials available on record.

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6. Considering the quantity of contraband seized in this case, which is an intermediate quantity and considering the period of detention of the present petitioners, they are entitled to get bail on the ground of completion of statutory period of detention.

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7. As such, the both the present petitioners, namely- (1) Bappan Das and (2) Gopesh Das, who are detained behind the bars since 06.05.2026 (for the last 60 days) in connection with Rangia G.R.P.S. Case No.22/2026, under Sections 21(b)/29 of N.D.P.S. Act, shall be released on bail of ₹50,000/- each with sureties of like amount to the satisfaction of the learned Special Judge, Rangia subject to fulfilling of the following conditions:

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i. The petitioners shall co-operate in the investigation and

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ii. The petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to 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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With the aforesaid direction, the present bail application is disposed of.

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JUDGE

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Comparing Assistant

Bappan Das and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Bappan Das and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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