Page No.# 1/5 GAHC010090572025 2025:GAU-AS:6163 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1357/2025 SAFIKUL HUSSAIN @ SOFIQUL HUSSAIN @ BABLU S/O MOHAN SK. R/O GAURIPUR, WARD NO. 13 (PUBERGAON) P.S. GAURIPUR DIST. DHUBRI, ASSAM PIN-783331 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : B ALI SK, MS J A RAHMAN,MR. H ALI,MR K THAKUR Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R 16-05-2025 Heard Mr. B. Ali Sk, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Safikul Hussain @ Sofiqul Hussain @ Bablu, son of Mohan Sk, resident of Village-Gauripur Ward No.13 (Pubergaon), Police Station-Gauripur, District- Dhubri, Assam has filed this application under Section 483 BNSS, 2023 on 28.04.2025 praying for his bail in Special (NDPS) Case No. 335/2023, arising out of Gauripur Police Station Case No. 323/2023, registered under Section 22(c) of the NDPS Act, 1985, corresponding to GR No. 1343/2023, in which, he was arrested on 14.08.2023 and is in custody since then. 3. It is stated that charge under Sections 22(c)/29 of the NDPS Act, 1985 has already been framed against the petitioner, in said Special (NDPS) Case No.335/2023, trial of which is presently pending before the Court of learned Special (Judge)-cum-Additional Sessions Judge, Dhubri. 4. It is contended by the petitioner that while arresting the petitioner on 14.08.2023 the police authorities of Gauripur Police Station did not comply with the provisions of Section 50 CrPC and Section 50A CrPC, thereby violated the provisions of Article 22 of the Constitution of India. 5. In that regard, the petitioner has also annexed the Notices under Sections 50 and 50 A CrPC issued to him at the time of his arrest in said Gauripur P.S. Case No. 323/2023. 6. Perused the records of said Special (NDPS) Case No. 335/2023, that was called for by order dated 01.05.2025. 7. Matter relates to recovery of 4952 numbers of Capsules of Pyevon Spas Plus, 41 numbers of bottles of Codeine Phosphate and Triprolidine HC Syrup, 279 numbers of Tablets of Nitcor-10 tablet and 100 numbers of Tablets of Nitrozepam Tablet on 14.08.2023 from the house of the petitioner in presence of independent witnesses. Page No.# 3/5 8. Accordingly, the petitioner was arrested on 14.08.2023 and was produced before the Court of learned CJM, Dhubri on 15.08.2023. 9. The FSL report dated 17.10.2023 pertaining to the substances seized from the conscious possession of the petitioner gave positive test for Tramadol, Codeine Phosphate and Nitrozepam all NDPS items. 10. After completion of the investigation of the case, Charge Sheet in said Gauripur Police Station Case No. 323/2023 was filed on 29.11.2023 vide Charge Sheet No. 668/2023 under Sections 22(c)/29 of the NDPS Act, 1985 against the petitioner. 11 After filing of the charge sheet in said Gauripur Police Station Case No. 323/2023 on 29.11.2023 corresponding to GR No. 1343/2023, the said case was re-registered and re- numbered as Special (NDPS) Case No. 335/2023 before the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri. 12. It is seen that on 06.01.2024 charge under Section 22(c)/29 of the NDPS Act was framed against four accused persons including the petitioner. 13. From the records of the case, it is also seen that as on 25.02.2025 prosecution has adduced the evidence of eight of its witnesses, out of 13 such witnesses, who were thoroughly cross examined by the defence. 14. On perusal of the records of the case, it is seen that in the Notice under Section 50 of the Cr.P.C. served on the petitioner by the police authorities of Gauripur Police Station in Gauripur Police Station Case No. 323/2023, though he was informed that he was arrested on 14.08.2023 in said Gauripur Police Station Case, but the police authorities concerned did not provide the full particulars of the offence for which he was arrested and other grounds for his such arrest. As such, the Police authorities of Gauripur Police Station while arresting the petitioners in said Gauripur Police Station Case No. 323/2023 violated the provisions of Article 22 of the Constitution of India. 15. Considering such materials in the case records and since the police personnel of Gauripur Police Station while arresting the petitioner on 14.08.2023 in Gauripur Police Station Case No. 323/2023 did not comply with the provisions of Sections 50 and 50A of the CrPC, and thereby violated the Provision of Article 22 of the Constitution of India, the petitioner is Page No.# 4/5 entitled for his bail in said Special (NDPS) Case No. 335/2023, arising out of Gauripur Police Station Case No. 323/2023, corresponding to GR No. 1343/2023, the trial of which is presently pending before the Court of the learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri, if he is not required in any other criminal case. 16. Accordingly, the petitioner, namely, Safikul Hussain @ Sofiqul Hussain @ Bablu, son of Mohan Sk, be released on bail in said Special (NDPS) Case No. 335/2023, arising out of Gauripur Police Station Case No. 323/2023, corresponding to GR No. 1343/2023, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only by each of the petitioner, 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-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)-cum- Additional Sessions Judge, Dhubri without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 335/2023; ii) shall regularly attend the Trial before the learned Special (Judge)-cum-Additional Sessions Judge, Dhubri in said Special (NDPS) Case No. 335/2023 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 himself in any criminal activities in the future. 17. 17. Violation of any of the aforesaid terms and conditions by the petitioner, namely, namely, Safikul Hussain @ Sofiqul Hussain @ Bablu, the bail granted to him in said Special (NDPS) Case No. 335/2023, arising out of Gauripur Police Station Case No. 323/2023, corresponding to GR No. 1343/2023 shall stand automatically vacated. Page No.# 5/5 18. It is also made clear that the learned Special (Judge)-cum-Additional Sessions Judge, Dhubri shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner, named above on bail in said in said Special (NDPS) Case No. 335/2023 to procure his attendance during the trial of the said case. 19. It is observed that this order relates to bail of the accused petitioner, namely, Safikul Hussain @ Sofiqul Hussain @ Bablu, in said Special (NDPS) Case No. 335/2023, arising out of Gauripur Police Station Case No. 323/2023 and not on merits of the case. 20. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant