Baloram Mandal @ Gourob Mandal, v. The State of Assam

ORDER

28.11.2024 Heard Mr. U S Borgohain, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam, for the State. 2) By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Baloram Mandal @ Gourob Mandal, Son of Sri Niranjan Mandal, resident of Natun Bazar, Bangali Basti, Bye Lane No.08, Police Station-Basistha, District-Kamrup(M), is praying for his bail in STF Police Station Case No. 16/2024, registered under Section 21(b)/29 of the NDPS Act, corresponding to G.R. No. 5741/2024, wherein, he was arrested on 28.09.2024 and is in custody since then. 3) As per the FIR of the case dated 28.09.2024, lodged by one Sub Inspector of Police

(UB) of S.T.F. Police Station stating that on 27.09.2024 at about 3:45 PM, reliable information was received from source that selling of large quantity of illegal drugs at Lalmati area was going on since long. Accordingly, STF P.S. G.D.E Entry No. 454 dated-27.09.2024 was made and on being duly authorized, police personnel from S.T.F. Police Station rushed to the spot. On reaching the said spot, the police personnel found the petitioner standing beside a Honda DIO DX vehicle bearing registration No. AS-01-EV-1341. During body search of the petitioner, 74 nos. of vials containing suspected heroin kept in a black coloured polythene was recovered from his possession and was accordingly seized in presence of independent witnesses. 4) Accordingly, STF P.S. Case No. 16/2024, under Section 21(b)/ 29 of the NDPS Act, corresponding to G.R. No. 5741/2024 was registered against the petitioner. 5) On instruction of the Investigating Officer of said STF P.S. Case No. 16/2024, Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that till date, charge-sheet in said STF P.S. Case No. 16/2024 case could not be filed. 6) It is seen that since 28.09.2024, the petitioner is in custody for about 62 days. As such, the petitioner is entitled for his default bail in said STF P.S. Case No. 16/2024. Page No.# 3/3 7) Accordingly, the petitioner, namely Baloram Mandal @Gourob Mandal, be granted default bail in said STF P.S. Case No. 16/2024 on furnishing a bail bond of Rs. 50,000/- with 2(two) local sureties each of the like amount, one of which shall be a government employee, either Central or State Government, to the satisfaction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati, subject to the conditions that the petitioner, named above —

i) shall appear before the concerned Investigating Officer of said STF P.S. Case No. 16/2024, as and when he is required for necessary investigation of the case;

ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Kamrup (Metro), Guwahati on or before 07.11.2024;

iii) shall not leave the territorial jurisdiction of STF Police Station without obtaining prior written permission from the Investigating Officer of STF P.S. Case No. 16/2024;

iv) shall not hamper with the investigation, or tamper with the evidence of the case;

v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any police officer and;

vi) shall not involve himself in any criminal activities in the future 8) Any violation of the aforesaid terms and conditions by the petitioner, namely, , Baloram Mandal @Gourob Mandal, the bail granted to him in said STF P.S. Case No. 16/2024 shall stand automatically vacated. 9) This bail application accordingly stands allowed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010245332024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3564/2024o BALORAMoMANDALo@oGOUROBoMANDAL,o S/OoSRIoNIRANJANoMANDALoR/OoNATUNoBAZARo,oBANGALIoBASTI,BYEo LANEoNO.08,oPSoBASISTHA,oDIST.oKAMRUP(M),oASSAM VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoUoSoBORGOHAIN,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK