Page No.# 1/5 GAHC010086472025 2025:GAU-AS:6162 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1310/2025 HARUN RASHID AND ANR. S/O- LATE AYNUL HAQUE R/O VILL-ALOMKHANI THAMUA, P.S. NILAMBAZAR, DIST. SRIBHUMI (KARIMGANJ). 2: SHOREF UDDIN S/O SULAMAN ALI R/O VILL-ALOMKHANI THAMUA P.S. NILAMBAZAR DIST. SRIBHUMI (KARIMGANJ) 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 MR. JUSTICE MANASH RANJAN PATHAK ORDER 16.05.2025 Heard Mr. A. Ahmed, learned counsel for the petitioners and Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/5 2) The petitioners, namely, (i) Harun Rashid, son of late Aynul Haque and (ii) Shoref Uddin, son of Sulaman Ali, both residents of village-Alomkhani, Police Station- Nilambazar, District-Sribhumi (Karimganj) have filed this application under Section 483 BNSS, 2023 on 22.04.2025 seeking their bail in Special (NDPS) Case No. 89/2024, arising out of Ratabari Police Station Case No. 179/2024, registered under Sections 21(C)/25/29 of the NDPS Act, 1985, corresponding to G.R. No. 1613/2024, in which, they were arrested on 15.08.2024 and are in custody since then. 3) The contention of the petitioners is that while arresting them in said Ratabari P.S. Case No. 179/2024 on 15.08.2024, the police authorities of Ratabari Police Station did not comply with the provisions of Sections 47/28 of the BNSS, 2023 as required under Article 22(1) of the Indian Constitution. In that regard, the petitioner have annexed the copy of Notice under Section 47 BNSS issued to them and also the Arrest Memo issued under Section 36 BNSS, 2023. 4) Matter relates to recovery of 305 grams of Heroin from 26 Nos. of multicoloured soap cases from the conscious possession of the petitioners while they were driving their red coloured Alto car bearing registration No. MZ-01K-9391, moving from the side of Kazirbazar towards Patharkandi during Naka checking at Gilatik Hill on 14.08.2024 at around 12:00 P.M. 5) The accused petitioners were first produced before the Court of the learned Chief Judicial Magistrate, Karimganj on 15.08.2024. 6) The FSL report dated 06.09.2024 confirmed the seized substances recovered from the possession of the petitioners to be Heroin, a scheduled NDPS item. 7) After completion of the investigation of the case, Police submitted charge sheet in said Ratabari P.S.Case No. 179/2024 on 06.02.2025 vide charge sheet No. 12/2025 against the two present petitioners and one other accused, namely, Laldinpuii, who was found to be an absconder; under Sections 21(C)/25/29 of the NDPS Act, 1985. 8) After filing of the charge sheet in the case, said Ratabari P.S.Case No. 179/2024 was re-registered and re-numbered as Special (NDPS) Case No. 89/2024 before the Court Page No.# 3/5 of the learned Special Judge (NDPS) cum Additional Sessions Judge, FTC, Sribhumi at Karimganj. 9) On 19.02.2025, the learned Special Judge (NDPS) cum Additional Sessions Judge, FTC, Sribhumi at Karimganj took cognizance of the offences under Sections 21(C)/25/29 of the NDPS Act, 1985 in said Special (NDPS) Case No. 89/2024 and the third accused, to whom summons had been issued is yet to be appear. 10) Perused the records of Special (NDPS) Case No. 89/2024 along with the records of Ratabari Police Station Case No. 179/2024 that were called for by the Court vide order dated 29.04.2025. 11) From the records of the case, it is seen that though Notice under Section 47 BNSS have been issued to the petitioners, but it does not contain the grounds as being established 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 passed by the Hon’ble Supreme Court. Further, it is seen that no Notice under Section 48 BNSS, 2023 have not been issued to any of the authorised persons or any near relatives of the petitioners. As such, it is found that the Police authorities of Ratabari Police Station while arresting the petitioners in said Ratabari P.S. Case No. 179/2024 violated the provisions of the Article 22(1) of the Constitution of India. 12) Considering such materials in the case records and since the police personnel of Ratabari Police Station while arresting the petitioners on 15.08.2024 in Ratabari P.S. Case No. 179/2024 did not comply with the provisions of Sections 47/48 of the BNSS, 2023 and thereby violated the provisions of Article 22(1) of the Constitution of India; the petitioners are entitled for their bail in said Special (NDPS) Case No. 89/2024, arising out of Ratabari Police Station Case No. 179/2024, registered under Sections 21(C)/25/29 of the NDPS Act, 1985, corresponding to G.R. No. 1613/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS) cum Additional Sessions Judge, FTC, Sribhumi at Karimganj. Page No.# 4/5 13) Accordingly, the petitioners, namely, (i) Harun Rashid, son of late Aynul Haque and (ii) Shoref Uddin, son of Sulaman Ali be released on bail in said Special (NDPS) Case No. 89/2024, arising out of Ratabari Police Station Case No. 179/2024, registered under Sections 21(C)/25/29 of the NDPS Act, 1985, corresponding to G.R. No. 1613/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only by each of the petitioners, 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 Additional Sessions Judge, FTC, Sribhumi at Karimganj 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, FTC, Sribhumi at Karimganj without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 89/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS) cum Additional Sessions Judge, FTC, Sribhumi at Karimganj in said Special (NDPS) Case No. 89/2024 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 themselves in any criminal activities in the future. 14) Violation of any of the aforesaid terms and conditions by the petitioners, namely, (i) Harun Rashid, son of late Aynul Haque and (ii) Shoref Uddin, son of Sulaman Ali, the bail granted to them in said Special (NDPS) Case No. 89/2024, arising out of Ratabari Police Station Case No. 179/2024, registered under Sections 21(C)/25/29 of the NDPS Page No.# 5/5 Act, 1985, corresponding to G.R. No. 1613/2024 shall stand automatically vacated. 15) It is also made clear that the learned Special Judge (NDPS) cum Additional Sessions Judge, FTC, 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 petitioners, named above, on bail in said Special (NDPS) Case No. 89/2024, arising out of Ratabari Police Station Case No. 179/2024, registered under Sections 21(C)/25/29 of the NDPS Act, 1985, corresponding to G.R. No. 1613/2024 to procure their attendance during the trial of the said case. 16) It is observed that this order relates to bail of the accused petitioners, namely, (i) Harun Rashid and (ii) Shoref Uddin in said Special (NDPS) Case No. 89/2024, arising out of Ratabari Police Station Case No. 179/2024, registered under Sections 21(C)/25/29 of the NDPS Act, 1985, corresponding to G.R. No. 1613/2024 and not on merits of the case. 17) The petitioners, named above, be released on bail accordingly, if they are not required in any other Criminal Case. 18) With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant