Page No.# 1/4 GAHC010089772025 2025:GAU-AS:6150 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1334/2025 ANWAR HUSSAIN S/O- ABDUL LATIF, VILL- KANKAR CHOWK (TALTALA), P.S -KARIMGANJ, DIST- SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, MS G TALUKDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 16/05/2025 Heard Mr. H R Choudhury, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Anwar Hussain, son of Abdul Latif, resident of Village-Kankar Chowk (Taltala), P.S. Karimganj, District-Sribhumi, has filed this application under Section 483 of BNSS, 2023, on 28.04.2025, praying for his bail in Special (NDPS) Case No. 102/2024 arising out of Karimganj P.S. Case No. 574/2024 corresponding to G.R. No. 1846/2024, in which he is a charge-sheeted accused under Sections 22(C)/29 of the NDPS Act, 1985, wherein he was arrested on 02.10.2024 and is in custody since then. 3. The petitioner contended that the police authorities of Karimganj Police Station while arresting him on 02.10.2024 in said Karimganj P.S. Case No. 574/2024 did not comply with the provisions of Sections 47 and 48 of the BNSS, 2023 as required and he was arrested in the said case without any information or in absence of any message. 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. In that regard, the petitioner has annexed the certified copy of the notice under Section 48 BNSS as well as the Arrest Memo dated 02.10.2024 pertaining to his arrest in connection with Karimganj P.S. Case No. 574/2024. 6. It is seen that after completion of the investigation of the case, police on 28.02.2025 submitted the Charge-sheet in said Karimganj P.S. Case No. 574/2024 vide Charge-Sheet No. 83/2025 against the petitioner. 7. Perused the records of Special (NDPS) Case No. 102/2024 that was called for by order dated 30.04.2025. 8. Matter relates to recovery of 10,000 nos. of Yaba Tablets from the conscious possession of the petitioner on 02.10.2024 at around 8:05 AM. Page No.# 3/4 9. After his arrest on 02.10.2024, the petitioner was produced before the learned Chief Judicial Magistrate, Karimganj on 02.10.2024 itself and since then he is in custody. 10. From the records of the case, it is seen that while arresting the petitioner on 02.10.2024 though notice under Section 48 of the BNSS, 2023 had been issued to him, but as required no notice under Section 47 of the BNSS, 2023 was served on the petitioner at the time of his arrest 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. 11. Considering such materials in the case records, the Court found that the petitioner is entitled for his bail in said Special (NDPS) Case No. 102/2024 arising out of Karimganj P.S. Case No. 574/2024. 12. Accordingly, the petitioner, namely, Anwar Hussain, son of Abdul Latif, be released on bail in said Special (NDPS) Case No. 102/2024 arising out of Karimganj P.S. Case No. 574/2024 corresponding to G.R. No. 1846/2024 registered under Sections 22(C)/29 of the NDPS Act, 1985, 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 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- Additional Sessions Judge, Sribhumi at Karimganj without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 102/2024; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-Additional Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 102/2024 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; Page No.# 4/4 13. Violation of any of the aforesaid conditions by the petitioner, Anwar Hussain, the bail granted to him in the aforesaid Special (NDPS) Case No. 102/2024 arising out of Karimganj P.S. Case No. 574/2024 shall stand automatically vacated. 14. It is also made clear that the learned Special Judge (NDPS)-cum-Additional 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. 102/2024 arising out of Karimganj P.S. Case No. 574/2024 to procure his attendance during the trial. 15. It is observed that this order relates to bail of the accused petitioner, namely, Anwar Hussain, in said Special (NDPS) Case No. 102/2024 arising out of Karimganj P.S. Case No. 574/2024 and not on merits of the case. 16. Petitioner, named above, be released on bail accordingly, if not required in any other criminal case. 17. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant