Page No.# 1/4 GAHC010067162025 2025:GAU-AS:4509 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1017/2025 NOMAN UDDIN S/O- KHARIS ALI @ HARIS ALI, R/O VILL- SONATULA, P.S.- PATHARKANDI, DIST- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.04.2025 Heard Mr. M A Choudhury, learned counsel for the petitioner and Mr. R R Koushik, learned Additional Public Prosecutor, Assam for the State. 2. This application under Section 483 of BNSS has been filed by the petitioner, namely, Noman Uddin, who has been detained behind bars since 07.10.2023 (for last more than one year six months) in connection with Special (NDPS) Case No. 130/2023 corresponding to Page No.# 2/4 Ratabari Police Station Case No. 236/2023 under Sections 21(c)/25/29 of the NDPS Act, 1985 pending before the Court of learned Special Judge, Sribhumi. 3. The gist of accusation of this case is that on 07.10.2023, one K.S. Rengma, SI of Police had lodged an FIR before the Officer-in-Charge of Ratabari Police Station, inter alia, alleging that on receipt of an information through reliable sources, that there would be movement of some contraband in the four wheeler vehicle from Mizoram towards Patherkandi, a naka checking was conducted at Ratabari police check post and one vehicle bearing Registration No. TR-02BK-0613 was intercepted. The said vehicle was driven by one Giyas Uddin and there were two other occupants in the said vehicle, including the present petitioner. On search of the vehicle by the police 568 grams of suspected heroin was seized, which were kept in cartoon box inside the said vehicle. 4. On receipt of the said FIR, Ratabari Police Station Case No. 236/2023 was registered and investigation was initiated. Ultimately, on completion of the investigation, charge-sheet was laid against three accused persons, including the present petitioner, under Sections 21(c)/25/29 of the NDPS Act, 1985. 5. Mr. M A Choudhury, learned counsel for the petitioner has submitted that the petitioner has been languishing in jail for more than one year six months till date and the trial of the case has not yet commenced and charges are yet to be farmed and therefore, he submits that on the ground of prolonged incarceration the petitioner is entitled to his bail. He has also submitted that the petitioner was not furnished with the grounds of his arrest when he was arrested in connection with this case, as in the notice under Section 50 of the CrPC which was served on him at the time of his arrest apart from the police station case number and the penal provisions involved in the case no other information was furnished to him. He has submitted that the petitioner’s constitutional right guaranteed under Articles 21 and 22(A) as well as his rights under Sections 50 of the CrPC and 52 of the NDPS Act, 1985 were violated in this case, which vitiates his arrest itself. 6. Mr. M A Choudhury, learned counsel for the petitioner further submitted that one of the co-accused of the case, namely, Abu Bakkar was also allowed to go on bail by a Co-ordinate Bench of this Court on 03.04.2025 in Bail Appln. No. 403/2025 on the ground that the Page No.# 3/4 grounds of arrest were not furnished to the said co-accused at the time of his arrest. 7. On the other hand, Mr. R R Koushik, learned APP, Assam has opposed to the grant of bail to the present petitioner on the ground that quantity of the contraband seized in this case is of commercial quantity and therefore, the embargo of Section 37 of the NDPS Act, 1985 will follow. He has also submitted that this is the petitioner’s 2nd bail application and his earlier bail application was rejected by this Court on 29.07.2024, wherein he never took the plea regarding non-furnishing of grounds of arrest to him. He therefore, submitted that the prayer for bail of the petitioner may be rejected. 8. I have considered the submissions made by both the sides and have gone through the scanned copy of the case records of Special (NDPS) Case No. 130/2023, which is placed before the Court. 9. The petitioner has been languishing behind bars since 06.10.2023 and has completed more than one year six months of detention. However, till date, charges are yet to be framed. 10. There are several rulings of the Hon’ble Apex Court, wherein it has been observed that prolonged incarceration outrights the embargo of Section 37 of the NDPS Act due to violation of the constitutional rights guaranteed under Article 21 of the Constitution of India. 11. In the instant case also this Court is of the considered opinion that the prolonged incarceration of the petitioner and delay in even initiation of trial has violated his constitutional rights guaranteed to him under Article 21 of the Constitution of India. Hence, he is entitled to be released on bail on the ground of prolonged incarceration. 12. Moreover, it appears that Notice under Section 50 of the Code of Criminal Procedure, 1973 which was served to him at the time of his arrest does not contain the grounds of his arrest. It therefore violates the constitutional mandate guaranteed under Article 22(1) of the Constitution of India as well as statutory provision contained in Section 52 of the NDPS Act as well as Section 50 of the Code of Criminal Procedure, which has resulted the arrest of the petitioner becoming illegal and therefore, he can no longer be detained behind bars for reasons discussed in the foregoing paragraphs. 13. Accordingly, the petitioner is allowed to go on bail of Rs. 1,00,000/- (Rupees One Lakh Page No.# 4/4 Only) with two surety of the like amount (one of the surety should be a resident of the State of Assam) to the satisfaction of the learned Special Judge, Sribhumi with the following conditions – i. That the petitioner shall cooperate in the investigation of the Ratabari Police Station Case No. 236/2023; ii. That the petitioner shall appear before the Investigating Officer of the Ratabari P.S. Case No. 236/2023 as and when so required by him for the sake of fair completion of the investigation; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any 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; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Investigating Officer; v. That the petitioner shall not leave the jurisdiction of the Court of learned Special Judge, Sribhumi without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and vi. That the petitioner shall not commit any offence while on bail. 14. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant