Allowed

Himangsu Kalita @ Himangshu Kalita v. the State of Assam

Gauhati HC15 Sept 2026Bail Appln./2635/2026

Case brief

AI extract

What is this about?

Gauhati High Court granted regular bail to Himangsu Kalita accused of narcotics offense under NDPS Act. Court held that arrest based solely on co-accused statement without other material attracts Supreme Court precedent allowing bail despite Section 37 bar.

What did the court decide?

Petitioner released on bail with bond of Rs. 50,000/- and two securities; directed to appear for investigation and cooperate in trial.

Himangsu Kalita @ Himangshu Kalita Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

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Page No.# 1/3

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GAHC010193332026

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./2635/2026

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HIMANGSU KALITA @ HIMANGSHU KALITA SON OF ABANI KALITA

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RESIDENT OF VILL- KHARABHANGA P.S. CHHAYGAON, DIST. KAMRUP (R), ASSAM.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 16.09.2026

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Heard Mr. A. Choudhury, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. PP for the State respondent.

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2 . This is an application under Section 483 of BNSS, 2023 praying for regular bail to the petitioner namely Himangsu Kalita @ Himangshu Kalita, who was arrested on 19.08.2026 in connection with Chhaygaon P.S. Case No.

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172/2026 registered under Sections 20(b)(ii)(C)/ 29 of the NDPS Act, 1985.

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3 . As per the FIR, a Scorpio vehicle occupied by four co accused persons, namely Mojnur Ali, Samir Ali, Mridul Ali and Hamidul Islam was intercepted on 18.08.2026 and 32.33 Kgs of suspected ganja was recovered and four persons were apprehended. Subsequently, the petitioner was also apprehended and produced before the Magistrate on 20.08.2026 and thereafter remanded to judicial custody.

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4 . The learned counsel for the petitioner submits that the petitioner was not produced before the Magistrate within 24 hours of his arrest. It is submitted that the time of arrest shown 05 p.m. on 19.08.2026 and he was actually taken into custody much earlier. Furthermore he was arrested only on the basis of the statement of the co-accused persons.

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5 . The learned Addl. Public Prosecutor referring to case diary has reiterated that the petitioner was arrested on 19.08.2026 at 5 pm which is reflected in the entries. Since commercial quantity is involved, the bar of Section 37 of the NDPS Act is attracted.

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6 . Be that as it may, no other materials could be shown from the case diary other than the statement of the co-accused persons, which led to the arrest of the petitioner.

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7 . In view of the decision of the Hon’ble Supreme Court in the case of P.Krishna Mohan Raddy Vs. State of Andra Pradesh (2025, INSC 725) , the statement of the co-accused cannot be taken into account for the purpose of denying the bail in the absence of any other materials and no criminal antecedent has been shown. In view of the above, attracting the bar of Section 37 of the NDPS Act is met.

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8 . Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bail bond of Rs. 50,000/- with two securities of like amount to the satisfaction of the learned Special Judge, Kamrup, Amingaon in connection with the aforementioned case. It is provided that the petitioner shall appear before the I.O. for further investigation as and when called by the IO and shall not try to tamper with the evidence or hamper the investigation of the case in any manner and shall not intimidate to any persons acquainted with the facts of the case and shall cooperate in the trial as and when trial once commences.

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9 . The petition stands allowed.

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JUDGE

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Comparing Assistant

Himangsu Kalita @ Himangshu Kalita v. the State of Assam

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Himangsu Kalita @ Himangshu Kalita v. the State of Assam

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