Page No.# 1/4 GAHC010076322025 2025:GAU-AS:7604 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1179/2025 RAJESH MISHRA S/O LATE RAVINDER MISHRA R/O VILL- L- 764/B-GALI NO. 9,SANGAN VIHAR, DEOLI SOUTH DELHI. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 11-06-2025 Heard Mr. S. Rahman, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Rajesh Mishra, son of late Ravinder Mishra, resident of Village-L-764/B-Gali No.9, Sangan Vihar, Deoli, South Delhi, has filed this application under Section 483 BNSS, 2023 on 07.04.2025 praying for his bail in NDPS Case No. 24/2024, Page No.# 2/4 arising out of Guwahati GRPS Case No.207/2023, registered under Sections 20(b)(II)(C)/29 of the NDPS Act, corresponding to G.R. No.7647/2023 in which, he was arrested on 13.10.2023 and is in custody since then. 3. Petitioner contended that police personnel from Guwahati GRPS on 13.10.2023 recovered 8.200 KGs of Ganja (Cannabis) from his possession and on the same day from two other persons recovered 17.780 KGs and 20.915 KGS of Cannabis. All these three individuals including the present petitioner were in the same train, but were travelling separately and are no way connected with each other. However, from the petitioner and other two persons as the police personnel from Guwahati GRPS recovered 46.895 KGs of Cannabis, it amounted to commercial quantity and he has been detained in custody since 13.10.2023. 4. In this bail application, the petitioner contended that one of the co-accused, namely, Bidya Nath Singh arrested together with the petitioner and another Sanjit Debbarma was granted bail by a Co-ordinate Bench of this Court on 03.04.2025 in BA No. 356/2025, as at the time of arrest of said Bidya Nath Singh, the authorities of Guwahati GRPS did not comply with the provisions of Section 50 CrPC, thereby violated the right guaranteed under Article 22(1) of the Constitution of India of the said petitioner Bidya Nath Singh. 5. Mr. Rahman, learned counsel for the petitioner also submitted that even in his case, the authorities of Guwahati GRPS did not comply with the provisions of Section 50 CrPC, while arresting the petitioner on 13.10.2023 in said Guwahati GRPS Case No.207/2023. 6. Perused the records of said NDPS Case No. 24/2024 as well as the records of Guwahati GRPS Case No.207/2023 that were called for by the Court by order dated 26.05.2025. 7. On perusal of the records of said NDPS Case, it is seen that similar Notice under Section 50 CrPC was also served on the petitioner on 13.10.2023, while he was arrested in said Guwahati GRPS Case No.207/2023, receipt of which was acknowledged by the petitioner. 8. It is seen that on 27.03.2024 charge under Sections 20(B)(ii)(C)/29 of the NDPS Act was framed against the petitioner and two other accused persons of the case. 9. It is also seen that as on 13.12.2024 out of eight prosecution witnesses, named in the charge sheet, prosecution has adduced the evidences of four of its witnesses, who were thoroughly cross examined by the defence. Page No.# 3/4 10. On perusal of the said Notice issued to the petitioner under Section 50 CrPC, it is seen that it is not in conformity to the provisions of Section 50 CrPC as well as the provisions of law laid down by 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. 11. Considering such materials in the case records and since the authorities of Guwahati GRPS while arresting the petitioner on 13.10.2023 in said Guwahati GRPS Case No.207/2023 did not comply with the provisions of Section 50 CrPC and thereby violated the Provision of Article 22 of the Constitution of India, the petitioner is entitled for his bail in said NDPS Case No. 24/2024, arising out of Guwahati GRPS Case No.207/2023, corresponding to G.R. No.7647/2023, the trial of which is presently pending before the Court of the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup (Metro), Guwahati, if he is not required in any other criminal case. 12. 12. Accordingly, the petitioner, namely, Rajesh Mishra, son of late Ravinder Mishra be released on bail in said NDPS Case No. 24/2024, arising out of Guwahati GRPS Case No.207/2023, corresponding to G.R. No.7647/2023, on furnishing a bail bond of Rs. 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, Kamrup (Metro), Guwahati 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, Kamrup (Metro), Guwahati without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 24/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum- Sessions Judge, Kamrup (Metro), Guwahati in said NDPS Case No. 24/2024 till its disposal and shall co-operate with the said Special Court during the trial of the said case; 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 Page No.# 4/4 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. 13. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Rajesh Mishra, the bail granted to him in said NDPS Case No. 24/2024, arising out of Guwahati GRPS Case No.207/2023, shall stand automatically vacated. 14. It is also made clear that the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup (Metro), Guwahati 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 NDPS Case No. 24/2024, to procure his attendance during the trial of the said case. 15. It is observed that this order relates to bail of the accused petitioner, namely, Rajesh Mishra in said NDPS Case No. 24/2024, arising out of Guwahati GRPS Case No.207/2023 and not on merits of the case. 16. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant