Page No.# 1/5 GAHC010071922025 2025:GAU-AS:6160 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1056/2025 JAYANTA DEB S/O SWAPAN DEB RESIDENT OF 439 TRTC COLONY KANCHANPUR, P.O. AMBASA DISTRICT- DHALAI, TRIPURA PIN-799289 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR SISHIR DUTTA, MS S MOCHAHARI,MR S DUTTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 16/05/2025 Heard Mr. S Dutta, learned counsel for the petitioner and Mr. K K Das, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Jayanta Deb, son of Swapan Deb, resident of 439 TRTC Colony, Kanchanpur, P.O. Ambasa, District-Dhalai, Tripura, has filed this application under Section 483 of BNSS, 2023, on 02.04.2025, praying for his bail in Special (NDPS) Case No. 53/2024 arising out of Bazarichera P.S. Case No. 90/2024 registered under Sections 22(c)/25/29 of the NDPS Act, 1985 corresponding to G.R. No. 997/2024, trial of which is presently pending before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj, wherein he was arrested on 17.05.2024 and is in custody since then. 3. Matter relates to recovery of 1600 bottles of Codeine Phosphate in 16 nos. of cartoon from the conscious possession of the petitioner from the Ashok Leyland 2518XL container body truck bearing registration No. NL-01-AC-0700 that was driven by him that was apprehended during Naka checking around 9:00 AM on 17.05.2024. After seizing the said Phensedyl cough syrup following the due procedure, the petitioner was taken into custody. 4. Perused the records of Special (NDPS) Case No. 53/2024 along with the records of Bazarichera P.S. Case No. 90/2024 that were called for by order dated 25.04.2025. 5. The petitioner contended that considering his length of detention in custody since 17.05.2024 and as the other co-accused of the case have already been released on bail, he should also be considered for bail in said Special (NDPS) Case No. 53/2024. 6. By filing an additional affidavit today, i.e., 16.05.2025, the petitioner has submitted that police authorities of Bazarichera P.S. Case No. 90/2024 while arresting him on 17.05.2024 did not comply with the provisions of Section 50 of the Cr.P.C. 7. In support of his case, the petitioner relied on the decisions of the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha Vs. State (NCT of Delhi) reported in (2024) 8 SCC 254 and (ii) Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) SCC OnLine SC 269. Page No.# 3/5 8. On perusal of the records of said Special (NDPS) Case No. 53/2024, it is seen that after his arrest, the petitioner was produced before the learned Chief Judicial Magistrate, Karimganj on 18.05.2024. 9. The FSL report dated 05.08.2024 pertaining to seized NDPS items indicates the presence of Codeine. 10. On completion of the investigation, police submitted the charge-sheet in said Bazarichera P.S. Case No. 90/2024 on 31.10.2024 vide Charge-sheet No. 150/2024 under Sections 22(c)/25/29 of the NDPS Act, 1985 against the petitioner and three others. 11. It is also seen that after filing of the charge-sheet, the said Bazarichera P.S. Case No. 90/2024 was re-registered as Special (NDPS) Case No. 53/2024 and the learned Special Judge (NDPS), Sribhumi at Karimganj on 14.11.2024 took cognizance of the offence under Sections 22(c)/25/29 of the NDPS against the petitioner. 12. By order dated 04.01.2025, the Court of learned Special Judge (NDPS), Sribhumi at Karimganj in said Special (NDPS) Case No. 53/2024 framed charge under Section 22(C)/25/29 of the NDPS Act against the petitioner. 13. It is seen that in the meanwhile, this Court by order dated 26.03.2025 passed in Bail Appln. No. 643/2025 have already granted bail to two of the co-accused of the case, namely, Joynal Hussen @ Joynal Hussain and Jakir Hussen @ Jakir Hussain. Further, on the said date, i.e., on 26.03.2025, a Co-ordinate Bench of this Court in Bail Appln. No. 251/2025 also granted bail to another co-accused of the case, namely, Mafujul Islam @ Mafuzul Islam. 14. From the records of the case, it is seen that while arresting the petitioner on 17.05.2024 though notice under Section 50 of the Cr.P.C. had been issued to him by the authorities of Bazarichera Police Station, but the same is not in conformity with the provisions of Section 50 of the Cr.P.C. and as been held by the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha (Supra) and (ii) Vihaan Kumar (Supra) and thereby violated the provisions of Article 22 of the Constitution of India. 15. Considering such materials in the case records, the Court found that the petitioner is entitled for his bail in said Special (NDPS) Case No. 53/2024 arising out of Bazarichera P.S. Case No. 90/2024. Page No.# 4/5 16. Accordingly, the petitioner, namely, Jayanta Deb, son of Swapan Deb, be released on bail in said Special (NDPS) Case No. 53/2024 arising out of Bazarichera P.S. Case No. 90/2024 registered under Sections 22(c)/25/29 of the NDPS Act, 1985 corresponding to G.R. No. 997/2024, on furnishing a bail bond of Rs.75,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government Employee, either Central or State Government, permanently serving in the State of Assam, to the satisfaction of the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj subject to the conditions that the petitioner, named above – (i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 53/2024; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 53/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 (v) shall not involve himself in any criminal activities in future; 17. Violation of any of the aforesaid conditions by the petitioner, Jayanta Deb, the bail granted to him in the aforesaid Special (NDPS) Case No. 53/2024 arising out of Bazarichera P.S. Case No. 90/2024 shall stand automatically vacated. 18. It is also made clear that the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner on bail in said Special (NDPS) Case No. 53/2024 arising out of Bazarichera P.S. Case No. 90/2024 to procure his attendance during the trial. 19. It is observed that this order relates to bail of the accused petitioner, namely, Jayanta Deb, in said Special (NDPS) Case No. 53/2024 arising out of Bazarichera P.S. Case No. 90/2024 and not on merits of the case. Page No.# 5/5 20. Petitioner, named above, be released on bail accordingly, if not required in any other criminal case. 21. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant