Page No.# 1/4 GAHC010079992025 2025:GAU-AS:6495 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1212/2025 BALBIR SINGH AND ANR S/O MOHINDER SINGH R/OVILL-RAIPUR P.O. BANDELHARI, P.S.NANGAL DIST. RUPNAGAR (PUNJAB) 2: VIJAY KUMAR S/O SUBASH CHAND R/O VILL-KOKOWAL P.O. BIBEWAL P.S. GARHSHANKAR DIST. HOSIARPUR (PUNJAB) VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S A AHMED, A. KHANAM,MR. F A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 22/05/2025 Heard Mr. S A Ahmed, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam. 2. The petitioners, namely, (1) Balbir Singh, son of Mohinder Singh, resident of Village-Raipur, P.O. Bandelhari, P.S. Nangal, District-Rupnagar (Punjab) and (2) Vijay Kumar, son of Subash Chand, Page No.# 2/4 resident of Village-Kokowal, P.O. Bibewal, P.S. Garhshankar, District-Hoshiarpur (Punjab), have filed this application under Section 483 of BNSS, 2023, on 09.04.2025, praying for their bail in Special (NDPS) Case No. 32/2024 arising out of Bazarichera Police Station Case No. 47/2024 in which charge under Sections 20(b)(ii)C/25/29 of the NDPS Act have been framed against them on 11.12.2024, wherein they were arrested on 05.03.2024 and are in custody since then. 3. Earlier on 30.01.2025 the bail application of the petitioners was rejected by this Court in Bail Appln. No. 3701/2024, though the petitioners submitted that considering their detention in custody since 05.03.2024, they should be considered for bail. 4. In addition to the above, the petitioners also submitted that police authorities of Bazarichera Police Station while arresting them on 05.03.2024 in said Bazarichera P.S. Case No. 47/2024 did not comply with the provisions of Sections 50/50A of the Cr.P.C. as required under the law. 5. In support of their case, the petitioners 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. 6. Perused the records of Special (NDPS) Case No. 32/2024 along with the records of Bazarichera P.S. Case No. 47/2024 that were called for by order dated 25.04.2025. 7. Matter relates to recovery of 1317 kgs. of Ganja from the conscious possession of the petitioners on 05.03.2024 during Naka checking by duly authorized police personnel from Churalbari Watch Outpost from a twelve wheeler red coloured open body truck bearing registration No. PB-65- AV-7496 driven by the petitioner No. 1, where he was with the helper of the said truck the petitioner No. 2. Said 1317 kgs. of Ganja was recovered from the secret chamber of the said truck that were kept hidden in 150 nos. of scrap rubber bags in 439 nos. of packets. The petitioners were accordingly apprehended along with the said truck bearing registration No. PB-65-AV-7496. 8. After filing of the FIR, it was initially registered as Churalbari W.P. G.D. Entry No. 75 dated 05.03.2024 and on being forwarded to the Bazarichera Police Station, it was registered as Bazarichera P.S. Case No. 47/2024 under Sections 20(b)(ii)C/25/29 of the NDPS Act. 9. The petitioners were arrested on 05.03.2024 and were produced before the learned Chief Judicial Magistrate, Karimganj on 06.03.2024. Page No.# 3/4 10. From the records of the case, it is seen that the FSL report dated 12.04.2024 confirmed the seized substances recovered from the conscious possession of the petitioner to be Cannabis (Ganja). 11. Charge-Sheet in said Bazarichera P.S. Case No. 47/2024 was submitted on 17.08.2024 vide Charge-Sheet No. 112/2024 against the petitioners under Sections 20(b)(ii)C/25/29 of the NDPS Act. Thereafter, the same was registered as Special (NDPS) Case No. 32/2024 and is presently pending before the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Sribhumi, wherein charge against the petitioners were framed on 11.12.2024, noted above. 12. However, from the records of the case, it is seen that though Notices under Section 50 of the Cr.P.C. have been served upon the petitioners at the time of their arrest by the concerned Investigating Officer of Bazarichera P.S. Case No. 47/2024 on 06.03.2024, receipt of which was acknowledged by the petitioners, but the same are not in conformity with the provisions of Section 50 of the Cr.P.C. as well as the law laid down 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. 13. Considering such materials in the case records, the Court found that the petitioners are entitled for their bail in said Special (NDPS) Case No. 32/2024 arising out of Bazarichera P.S. Case No. 47/2024. 14. Accordingly, the petitioners, namely, (1) Balbir Singh, son of Mohinder Singh and (2) Vijay Kumar, son of Subash Chand, be released on bail in said Special (NDPS) Case No. 32/2024 arising out of Bazarichera P.S. Case No. 47/2024 under Sections 20(b)(ii)C/25/29 of NDPS Act, on furnishing a bail bond of Rs.2,00,000/- 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-Additional Sessions Judge, Sribhumi subject to the conditions that the petitioners, named above – (i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS)-cum- Additional Sessions Judge, Sribhumi without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 32/2024; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-Additional Sessions Judge, Sribhumi in said Special (NDPS) Case No. 32/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal; Page No.# 4/4 (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 themselves in any criminal activities in future; 15. Violation of any of the aforesaid conditions by the petitioners, (1) Balbir Singh and (2) Vijay Kumar, the bail granted to them in the aforesaid Special (NDPS) Case No. 32/2024 arising out of Bazarichera P.S. Case No. 47/2024 shall stand automatically vacated. 16. It is also made clear that the learned Special Judge (NDPS)-cum-Additional Sessions Judge, Sribhumi shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioners on bail in said Special (NDPS) Case No. 32/2024 arising out of Bazarichera P.S. Case No. 47/2024 to secure their attendance during the trial. 17. It is observed that this order relates to bail of the accused petitioners, namely, (1) Balbir Singh and (2) Vijay Kumar, in said Special (NDPS) Case No. 32/2024 arising out of Bazarichera P.S. Case No. 47/2024 and not on merits of the case. 18. Petitioners, named above, be released on bail accordingly, if not required in any other criminal case. 19. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant