Nayan Das Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

Nayan Das Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Default bail granted: release on furnishing bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup(M); conditions - (i) appear before the Trial Court as and when called for; (ii) not hamper or tamper with the evidence or influence the witnesses connected with the case. Petition disposed of.

Issue for consideration

Whether the petitioner, arrested on 26.10.2025 in Dispur P.S. Case No. 867/2025 (Section 21(b), NDPS Act), is entitled to default bail, the 60-day period having expired on 24.12.2025 while he remained in custody and the charge sheet having been laid only on 24.02.2026.

Court's answer

The petitioner is entitled to default bail: the charge sheet was laid only on 24.02.2026, after the 60-day period from arrest (26.10.2025) expired on 24.12.2025, and the petitioner overstayed in custody beyond 60 days as the application was not taken up at the right point of time.

Ratio / Principle

The petitioner shall be released on default bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup(M), subject to the conditions that he appear before the Trial Court as and when called for and that he not hamper or tamper with the evidence or influence the witnesses connected with the case.

Detailed headnote1 paragraphs

Bail Appln./674/2026 (Gauhati High Court; Shamima Jahan, J.; 12.03.2026) - Default bail. Petitioner, arrested on 26.10.2025 in Dispur P.S. Case No. 867/2025 registered under Section 21(b) of the NDPS Act, had remained in custody for 138 days; the charge sheet (No. 73/2026) was laid only on 24.02.2026, beyond the 60-day period which expired on 24.12.2025. Held: the petitioner is entitled to default bail, having overstayed in custody beyond 60 days as the application was not taken up at the right point of time. Released on bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup(M), on conditions of appearance before the Trial Court as and when called for and abstention from tampering with evidence or influencing witnesses. Petition disposed of.

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GAHC010047482026

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

Case No. : Bail Appln./674/2026

NAYAN DAS

SON OF SUKUMAR DAS, PERMANENT RESIDENT OF WARD NO. 2, GAURIPUR, POLICE STATION GAURIPUR, DISTRICT DHUBRI, ASSAM AND PRESENTLY RESIDING AT NIRIBILI PATH, OPPOSITE DOG HOSTEL, GHORAMARA, POLICE STATION BASISTHA, DISTRICT KAMRUP (M), ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.

Advocate for the Petitioner : MR. DITUL DAS, MR. B J TALUKDAR

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 12.03.2026

Heard Mr. Ditul Das, learned Counsel for the petitioner and Mr. MP Goswami, learned Additional Public Prosecutor appearing for the State.

By this application, the petitioner has sought for bail in connection with

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Dispur P.S. Case No. 867/2025 registered under Section 21(b) of NDPS Act.

Mr. Ditul Das, learned Counsel for the petitioner submits that the petitioner has stayed in the jail for 138 days as of today and as per the last order, Mr. MP Goswami, learned Additional Public Prosecutor appearing for the State was directed to get the instructions as to whether the charge sheet has been submitted in the instant case and in response to the same, the learned Additional Public Prosecutor, Mr. MP Goswami has submitted that the charge sheet has been laid on 24.02.2026 vide charge sheet No. 73/2026. It is seen that the petitioner was arrested on 26.10.2025 and the 60 days period gets over on 24.12.2025 on which date the petitioner is entitled for default bail. However, the application was not taken up at the right point of time and the petitioner over stayed in custody beyond the period of 60 days.

As such, the petitioner be released on default bail on furnishing of a bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the Chief Judicial Magistrate, Kamrup(M) under the following conditions:

i) The petitioner will appear before the Trial Court as

and when call for.

ii) The petitioner will not hamper or tamper with the

evidence or influence the witnesses connected with the case. Petition is disposed of.

JUDGE

Comparing Assistant