Aadrikaa Legal Services (ALS)- Law I Litigation I Arbitration
Date: 12.11.2026
Gauhati High Court Examines Limits of NDPS Section 27A
This Short Article has been prepared & written by Advocate Ravi Shekhar Jha-Delhi High Court, New Delhi. The views expressed are based on his interpretation of the law. He can be reached at his email id intelconsul@gmail.com .
The Gauhati High Court has granted conditional bail to an accused in a narcotics case, finding prima facie material for an offence involving possession or trafficking of heroin but insufficient material, at the bail stage, for the additional allegations of financing illicit traffic and criminal conspiracy.
Background of the case
The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case registered at Chimpu Police Station under Sections 21(b) and 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The accused had been arrested on 10 August 2026 and had remained in custody since then. An earlier application for regular bail before the Special Judge under the NDPS Act had been rejected on 23 September 2026.
The defence submitted that the accused had a permanent residence within Arunachal Pradesh, was willing to cooperate with the investigation, and would comply with any bail conditions imposed by the Court.
Prosecution allegations
The prosecution opposed bail on the basis of the seizure memo and the case diary. It alleged that narcotic substances were recovered during a police search of a rented house, where the substances were said to have been concealed in the bedroom, kitchen and toilet.
The prosecution also relied on a statement recorded during the investigation. According to the State, an unknown caller allegedly sought drugs using coded language, following which a co-accused was allegedly sent with a vial containing heroin to meet the caller near a roadside location.
It was further alleged that the seized substances had been obtained a few days before the recovery and were intended for sale rather than personal consumption. The prosecution argued that the alleged transaction involved serious trafficking concerns and that the forensic science laboratory report was still awaited.
Defence submissions
The defence challenged the applicability of Section 27A of the NDPS Act, which concerns financing illicit traffic and harbouring offenders. It contended that the prosecution had not produced material linking the accused to financial dealings with other persons involved in drug trafficking.
The defence also questioned the allegation under Section 29 of the NDPS Act, which addresses abetment and criminal conspiracy. It argued that the available record did not show that the co-accused had knowledge of any alleged trafficking activity.
Further, the defence submitted that the investigation was substantially complete. Searches, seizures, sampling and recording of statements had already been completed, with only the FSL report remaining pending.
High Courtβs assessment
After reviewing the submissions and the updated case diary, the High Court held that there was prima facie material indicating an offence under Section 21(b) of the NDPS Act in relation to possession or trafficking of heroin.
However, the Court found no prima facie material at that stage to support the allegations under Sections 27A and 29. In other words, the material before the Court did not sufficiently indicate financing of illicit trafficking, harbouring of an offender, abetment or criminal conspiracy.
The Court also took account of the period of custody. It noted that where an NDPS offence involves an intermediate quantity, the statutory period for filing a charge sheet is 60 days. In this case, 90 days had elapsed from the date of arrest.
The accusedβs permanent residence, the advanced stage of investigation and the Courtβs view that further detention was no longer necessary for investigative purposes were also relevant considerations.
Bail conditions imposed
The accused was directed to be released on bail subject to these conditions:
- Bail bond: Execution of a bail bond of Rs. 30,000 with two sureties of the same amount. Each surety must be a government employee of the State of Arunachal Pradesh.
- Weekly attendance: The accused must appear before the investigating agency once a week and mark attendance until completion of the investigation.
- Restriction on movement: The accused cannot leave the jurisdiction of the concerned police station without prior permission from the investigating officer.
Legal significance of the order
The order highlights that bail courts must assess the available material for each alleged NDPS offence separately. Although the Court found a prima facie case concerning possession or trafficking under Section 21(b), it did not treat the more serious allegations under Sections 27A and 29 as established without supporting material.
The ruling also shows the relevance of custody duration and the progress of investigation in bail decisions. Where principal investigative steps have been completed and continued detention is not required, those circumstances can weigh in favour of conditional bail. The Court clarified that these observations are limited to the bail application and will not affect the final determination of the criminal case.
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Source: Gauhati High Court
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