Page No.# 1/4 GAHC010084672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1262/2025 IMAM UDDIN S/O- LATE ABDUL KAHLEK VILL-JALALABAD P.S. RATABARI DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,MR. A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 06.05.2025 Heard Mr. S. Ahmed, learned counsel for the petitioner Imam Uddin, who has filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as he is behind the bars since 06.10.2022 in connection with Special NDPS Case No.146/2022 arising out of Ratabari P.S. Case No.290/2022 registered Page No.# 2/4 under Sections 21(b)(ii)(c)/22(b)(ii)(c) of the NDPS Act read with Section 25(1)(a) of the Arms Act. It is submitted on behalf of the petitioner that the grounds of arrest have not been communicated to the petitioner and he was not aware of the grounds of arrest. The petitioner has relied upon a decision of the Hon’ble Supreme Court in Prabir Purkayastha Vs. State (NCT of Delhi) reported in (2024) 8 SCC 254 wherein it has been observed as follows :- “45. We are of the firm opinion that once this Court has interpreted the provisions of the statute in context to the constitutional scheme and has laid down that the grounds of arrest have to be conveyed to the accused in writing expeditiously, the said ratio becomes the law of the land binding on all the Courts in the country by virtue of Article 141 of the Constitution of India.” “48. It may be reiterated at the cost of repetition that there is a significant difference in the phrase ‘reasons for arrest’ and ‘grounds of arrest’. The ‘reasons for arrest’ as indicated in the arrest memo are purely formal parameters, viz., to prevent the accused person from committing any further offence; for proper investigation of the offence; to prevent the accused person from causing the evidence of the offence to disappear or tempering with such evidence in any manner; to prevent the arrested person for making inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer. These reasons would commonly apply to any person arrested on charge of a crime whereas the ‘grounds of arrest’ would be required to contain all such details in hand of the Investigating Officer which necessitated the arrest of the accused. Simultaneously, the grounds of arrest informed in writing must convey to the arrested accused all basic facts on which he was being arrested so as to provide him an opportunity of defending himself against custodial remand and to seek bail. Thus, the ‘grounds of Page No.# 3/4 arrest’ would invariably be personal to the accused and cannot be equated with the ‘reasons of arrest’ which are general in nature.” The learned Addl. Public Prosecutor Mr. K. K. Parashar has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. Although the grounds of arrest were not detailed to the petitioner, yet, the grounds of arrest have been communicated to the petitioner. I have also scrutinised the Notice of Information issued under Section 50 Cr.P.C. as well as the Arrest Memo marked as Annexure-2 and Annexure-3 of the petition. It is true that the grounds of arrest were mentioned in a cryptic manner. The grounds of arrest were not properly communicated to the petitioner. I have also relied on the decision of the Hon’ble Supreme Court in the case of Prabir Purkayastha (supra). It is also true that the petitioner was apprehended in connection with transportation of 237 gms of heroine 843 gms of yaba tablets. However, as the grounds of arrest have not been properly communicated to the petitioner, I deem it proper to enlarge the petitioner on bail. In view of my foregoing discussions, the petitioner viz., Imam Uddin is enlarged on bail of Rs.1,00,000/- (Rupees One Lakh) with two sureties of like amount to the satisfaction of the learned trial court under the conditions that :- (1) the petitioner shall refrain from such activities for which he was held, (2) the petitioner shall not jump the bail, and (3) the petitioner shall not leave the jurisdiction of the learned trial court without its prior permission. Page No.# 4/4 On breach of any of the abovementioned conditions, the learned trial court shall be at liberty to immediately cancel the bail granted to the petitioner. Bail application stands disposed of. JUDGE Comparing Assistant