Page No.# 1/5 GAHC010075092025 2025:GAU-AS:5870 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1158/2025 JABIR AHMED S/O- MASUK AHMED, R/O- MURGAPUR, P.S- BADARPUR, DIST- SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. F A HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R 13-05-2025 Heard Mr. B. Chouwdhury, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Jabir Ahmed, son of Masuk Ahmed resident of Village- Murgapur, Police Station-Badarpur, District- Sribhumi, earlier Karimganj, has filed this application under Section 483 BNSS, 2023 on 05.04.2025 praying for his bail in Special Page No.# 2/5 (NDPS) Case No. 100/2024, arising out of Badarpur Police Station Case No. 253/2024, registered under Sections 22(c)/29 of the NDPS Act, 1985, corresponding to GR No. 1835/2024, in which, he was arrested on 28.09.2024 and is in custody since then. 3) Matter relates to recovery of 13 numbers of Histacod-C Cough Syrup (Codeine Phosphate Chlorpheniramine Malate and Sodium Citrate Cough Syrup) 100 ml each equivalent to 1.573 Kgs of Codeine Phosphate from the conscious possession of the petitioner from a bag that was carried by him while he was checked in presence of independent witnesses. 4) After his arrest on 28.09.2024, the petitioner was produced before the learned Chief Judicial Magistrate, Karimganj on 28.09.2024. 5) After completion of the investigation of the case, Charge-Sheet in said Badarpur P.S. Case No. 253/2024 was filed on 17.12.2024 vide Charge Sheet No. 182/2024 under Sections 22(c)/29 of the NDPS Act, 1985 against the petitioner. 6) After filing of the charge sheet in said Badarpur P.S. Case No. 253/2024 on 17.12.2024 corresponding to G.R. No. 1835/2024, the said case was re-registered and re- numbered as Special (NDPS) Case No. 100/2024 before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi. 7) Petitioner contended that considering his detention in custody since 28.09.2024 in said Badarpur P.S. Case No. 253/2024, he should be released on bail. 8) The petitioner further contended that while arresting him on 28.09.2024 in said Badarpur P.S. Case No. 253/2024, the authorities of the Badarpur Police Station in said Badarpur P.S. Case did not specify the grounds of his arrest and also did not inform his nominated persons pertaining to his arrest in said Badarpur P.S. Case as required under Sections 47 and 48 of the BNSS, 2023, violating his fundamental rights guaranteed under Article 22(1) of the Constitution of India. 9) In this regard, the petitioner relied upon the decisions of the Hon’ble Supreme Court in the cases of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269. Page No.# 3/5 10) Perused the record of Special (NDPS) Case No. 100/2024 along with the record of Badarpur P.S. Case No. 253/2024 that were called for by order dated 11.04.2025. 11) From the records of Badarpur P.S. Case No. 253/2024, it is seen that the FSL report dated 25.10.2024 confirmed the seized NDPS items recovered from the petitioner contains Codeine (Codeine Phosphate). 12) On perusal of the records of the case, it is seen that in the Notice under Section 47 BNSS served on the petitioner by the police authorities of Badarpur Police Station in Badarpur P.S. Case No. 253/2024, though he was informed that he was arrested on 28.09.2024 at about 12:40 PM in said Badarpur P.S. Case, but the police authorities concerned did not provide the full particulars of the offence for which he was arrested and other grounds for his such arrest. Further, no Notice under Section 48 BNSS in said Badarpur P.S. Case No. 253/2024 was ever issued. Moreover, in the said Notice under Section 47 BNSS, the petitioner was also not informed by the authorities of Badarpur Police Station that he is entitled to be released on bail and he may arrange for sureties on his behalf. As such, the police authorities of Badarpur Police Station while arresting the petitioner in said Badarpur P.S. Case No. 253/2024 violated the provisions of Article 22 of the Constitution of India. 13) Considering such materials in the case records and since the police personnel of Badarpur Police Station while arresting the petitioner on 28.09.2024 in Badarpur P.S. Case No. 253/2024 did not comply with the provision of Sections 47 and 48 of the BNSS, 2023 and thereby violated the Provisions of the Article 22 of the Constitution of India, the petitioner is entitled for his bail in said Special (NDPS) Case No. 100/2024, arising out of Badarpur P.S. Case No. 253/2024, corresponding to G.R. No. 1835/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj, if he is not required in any other criminal case. 14) Accordingly, the petitioner, namely, Jabir Ahmed, son of Masuk Ahmed be released on bail in said Special (NDPS) Case No. 100/2024, arising out of Badarpur P.S. Case No. 253/2024, corresponding to G.R. No. 1835/2024, on furnishing a bail bond of Rs. Page No.# 4/5 2,00,000/- (Rupees Two Lakhs), only with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, 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. 100/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum- Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 100/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal; iii) shall not hamper and/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 and v) shall not involve himself in any criminal activities in the future. 15) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Jabir Ahmed, the bail granted to him in said Special (NDPS) Case No. 100/2024, arising out of Badarpur P.S. Case No. 253/2024 shall stand automatically vacated. 16) 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, named above, on bail in said Special (NDPS) Case No. 100/2024, to procure his attendance during the trial of the said case. 17) It is observed that this order relates to bail of the accused petitioner, namely, Jabir Page No.# 5/5 Ahmed in said Special (NDPS) Case No. 100/2024, arising out of Badarpur P.S. Case No. 253/2024 and not on merits of the case. 18) With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant