Page No.# 1/5 GAHC010079732025 2025:GAU-AS:6064 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1200/2025 RUBEL AHMED S/O SAMSUL HOQUE VILL- FAKARPUR, SHANKARPUR, W/NO. 08, P.S. AND DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 15/05/2025 Heard Mr. H R Choudhury, learned counsel for the petitioner and Mr. K K Das, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Rubel Ahmed, son of Samsul Hoque, resident of Village-Fakarpur, Shankarpur, W/No.-08, P.S. & District-Sribhumi, has filed this application under Section 483 of BNSS, 2023, on 09.04.2025, praying for his bail in Special (NDPS) Case No. 44/2024 arising out of Karimganj P.S. Case No. 226/2024 registered under Sections 22(C)/25/29 of the NDPS Act, 1985 corresponding to G.R. No. 708/2024, wherein he was arrested on 06.04.2024 and is in custody since then. 3. The contention of the petitioner is that police authorities of Karimganj Police Station while arresting him on 06.04.2024 did not comply with the provisions of Section 50/50A of the Cr.P.C. 4. 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. 5. The petitioner annexed the copy of the Arrest Memo issued under Section 41B Cr.P.C. as Annexure-7 showing that the said arrest memo does not contain the name of the relative/witness of the accused petitioner at the time of his arrest and inspection and further, the same does not contain the signature of the arresting authority as required and specified under Section 41B Cr.P.C. 6. Perused the records of the Special (NDPS) Case No. 44/2024 along with the records of Karimganj P.S. Case No. 226/2024 that were called for by order dated 22.04.2025. 7. The petitioner along with another accused was taken into custody on 06.04.2024 as during Naka checking, they were found coming in a scooter without its number plate and during checking and search of the said two wheeler in presence of the independent witnesses, 20,000 nos. of Yaba tablets were recovered from the conscious possession of the petitioner and the other accused persons of the case. There was another person in the scooty who managed to flee away from the hands of police. Page No.# 3/5 8. It is seen that the FSL report dated 23.07.2024 confirmed the seized NDPS items recovered from the conscious possession of the petitioner containing of Methamphetamine a scheduled NDPS items. 9. It is also seen that after completion of the investigation of the case, police on 28.09.2024 submitted the charge-sheet in said Karimganj P.S. Case No. 226/2024 vide Charge-Sheet No. 371/2024 under Sections 22(C)/25/29 of the NDPS Act, 1985 against the petitioner and two others, namely, Fayzul @ Faijul Karim (arrested along with the petitioner) and another, Abdullah Al Amin Choudhury, who was declared as absconder in the charge-sheet. 10. After filing of the charge-sheet in said Karimganj P.S. Case No. 226/2024 corresponding to G.R. No.708/2024, the same was re-registered and re-numbered as Special (NDPS) Case No. 44/2024 before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj. 11. From the records of the case, it is also seen that the learned Special Judge (NDPS)-cum- Sessions Judge, Sribhumi at Karimganj already took cognizance of the offence under Sections 22(C)/25/29 of the NDPS Act, 1985 and issued summons to the accused absconder and 11.06.2025 is the date fixed for his appearance. 12. It is seen from the records of the case that a Co-ordinate Bench of this Court on 25.04.2025 passed in Crl. Pet. No. 476/2025 granted bail to the absconder accused Abdullah Al Amin Choudhury in said Special (NDPS) Case No. 44/2024 directing him to appear before the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj within 10 days and accordingly, the said absconder accused appeared before the Court of learned Additional Sessions Judge, Sribhumi at Karimganj on 03.05.2025 and accordingly, he was released on bail. 13. From the records of the case, it is seen that while arresting the petitioner on 06.04.2024 though notice under Section 50 of the Cr.P.C. had been issued to him by the authorities of Karimganj 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. 14. Considering such materials in the case records, the Court found that the petitioner is entitled for his bail in said Special (NDPS) Case No. 44/2024 arising out of Karimganj P.S. Case No. 226/2024. Page No.# 4/5 15. Accordingly, the petitioner, namely, Rubel Ahmed, son of Samsul Hoque, be released on bail in said Special (NDPS) Case No. 44/2024 arising out of Karimganj P.S. Case No. 226/2024 registered under Sections 22(C)/25/29 of the NDPS Act, 1985 corresponding to G.R. No. 708/2024, 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-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. 44/2024; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 44/2024 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; 16. Violation of any of the aforesaid conditions by the petitioner, Rubel Ahmed, the bail granted to him in the aforesaid Special (NDPS) Case No. 44/2024 arising out of Karimganj P.S. Case No. 226/2024 shall stand automatically vacated. 17. 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. 44/2024 arising out of Karimganj P.S. Case No. 226/2024 to procure his attendance during the trial. 18. It is observed that this order relates to bail of the accused petitioner, namely, Rubel Ahmed, in said Special (NDPS) Case No. 44/2024 arising out of Karimganj P.S. Case No. 226/2024 and not on merits of the case. Page No.# 5/5 19. Petitioner, named above, be released on bail accordingly, if not required in any other criminal case. 20. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant