Page No.# 1/7 GAHC010095412025 2025:GAU-AS:6767 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1469/2025 SRI BADRUZ ZAMAN CHOUDHURY S/O- NAZIM UDDIN CHOUDHURY. R/O- BERENGA PT-III, P.S- SILCHAR. DIST.- CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. R RONGMEI, D GONMEI,S.C. BISWAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27.05.2025 Heard Mrs. R. Rongmei, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Sri Badruz Zaman Choudhury, son of Nazim Uddin Choudhury, resident of Berenga Pt-III, Police Station-Silchar, District-Cachar has filed this application on 03.05.2025 under Section 483 BNSS, 2023 seeking his bail in NDPS Case No. Page No.# 2/7 113/2024, arising out of Silchar Police Station Case No. 257/2024, registered under Section 22(C) of the NDPS Act, 1985, corresponding to G.R. No. 618/2024, in which, he was apprehended on 10.08.2024 and is in custody since then. 3) Earlier, the petitioner approached this Court in Bail Application No. 3008/2024 and the Court, after going through the relevant records, by order dated 29.11.2024 rejected the bail prayer of the petitioner in said NDPS Case No. 113/2024, arising out of Silchar P.S. Case No. 257/2024. 4) In this bail application, the petitioner contended that the concerned Investigating authority of Silchar Police Station, while arresting the petitioner on 10.08.2024 did not comply with the provisions of Sections 47/ 48 of the BNSS, 2023 and thereby, violated the provisions of Article 22 of the Constitution of India. As such, the petitioner claimed that he is entitled for his bail in said NDPS Case No. 113/2024, arising out of Silchar P.S. Case No. 257/2024. 5) In this regard, Mrs. R. Rongmei, learned counsel appearing for the petitioner relied on the decisions of the Hon’ble Supreme Court 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. 6) Perused the records of said NDPS Case No. 113/2024 as well as the records of Silchar P.S. Case No. 257/2024 that were called for by the Court vide order dated 13.05.2025. 7) The brief facts of the case is that on the basis of specific information received on 21.03.2024 around 1:00 A.M., a search was conducted in the house of the petitioner at Berenga PT-II under Silchar Police Station by the authorised police personnel of Silchar Police Station by following the due procedure in presence of independent witnesses and recovered 380 nos. of bottles of Vincof-TK suspected to be contraband cough syrup, each containing 100 ml; a sum of Rs 12,500/- and a Maruti 800 vehicle bearing registration No. AS-11-A- 0270. However, the petitioner could not be found in his house as he left his house on coming to know about the presence of police personnel in his said house. The contraband cough syrup, along with the vehicle and the cash recovered were seized by Police by preparing a Seizure Memo. Thereafter, the FIR was lodged before the Officer-in-Charge of Silchar Police Station on 21.03.2024 pertaining to said recovery of 380 nos. of bottles of Vincof-TK Page No.# 3/7 suspected to be contraband cough syrup, the cash amount and the vehicle concerned. 8) The said FIR dated 21.03.2024 was accordingly registered as Silchar Police Station Case No. 257/2024 under Section 22(C) of the NDPS Act, 1985, corresponding to G.R. No. 618/2024. 9) The FSL report dated 22.07.2024 of the seized substances in said Silchar P.S. Case No. 257/2024 confirmed the presence of Codeine (as Codeine Phosphate). 10) After the said FIR dated 21.03.2024 was lodged, the petitioner was evading arrest and could be apprehended only on 10.08.2024 around 11:30 P.M. and he was produced before the learned Special Judge (NDPS), Cachar, Silchar on 11.08.2024. 11) On completion of investigation of the case, Police submitted charge sheet in said Silchar P.S. Case No. 257/2024 on 31.08.2024 vide Charge Sheet No. 800/2024 under Section 22(C) of the NDPS Act, 1985 against the petitioner. 12) Thereafter, said Silchar P.S. Case No. 257/2024, corresponding to G.R. No. 618/2024 was re-registered and re-numbered as NDPS Case No. 113/2024 before the Court of the learned Special Judge (NDPS), Cachar, Silchar and Charge under Section 22(C) of the NDPS Act, 1985 was framed against the petitioner on 21.11.2024 by the learned Special Judge (NDPS), Cachar, Silchar. 13) The record of the case, which is up to 19.05.2025 shows that prosecution have already adduced the evidence of 6 (six) of its witnesses out of 11 (eleven) named prosecution witnesses in the charge sheet, where all the six prosecution witnesses were thoroughly cross- examined by the defence (on behalf of the accused petitioner). 14) From the records of the case, it is seen that at the time of arrest of the petitioner on 10.08.2024 in said Silchar P.S. Case No. 257/2024, one Rijaul Hoque Laskar, related to the petitioner was present and he signed the Arrest Memo as a relative of the petitioner. 15) In addition to the above, from the records it is also seen that Notice under Section 48 BNSS, 2023 was issued to said Rijaul Hoque Laskar, relative of the petitioner, informing him that the petitioner has been taken into custody in said Silchar P.S. Case No. 257/2024 under Section 22(C) of the NDPS Act, 1985 and that he shall be forwarded to the Court of the Page No.# 4/7 learned Chief Judicial Magistrate, Cachar, Silchar; the copy of which was duly received by said Rijaul Hoque Laskar. 16) From the records of the case, it is also seen that Notice under Section 47 BNSS, 2023 was issued to the petitioner, informing him that he has been arrested under Section 22(C) of the NDPS Act, 1985 in said Silchar P.S. Case No. 257/2024 and the same is non-bailable to Police. 17) From such Notices under Sections 47/48 BNSS, 2023 issued to the petitioner and his relative at the time of the arrest of the petitioner, it is seen that the petitioner was informed about the Section under which he has been arrested and that the same is non-bailable by Police and further, his relative was informed that he shall be produced before the Court of the learned Chief Judicial Magistrate, Cachar, Silchar. 18) The Notices under Sections 47 as well as 48 BNSS, 2023 issued to the petitioner by the concerned Investigating Officer of said Silchar P.S. Case No. 257/2024, as available in the record, as placed below- “NOTICE UNDER SECTION 47 BNSS (information to arrested person on grounds of arrest and right to bail) Ref:- Silchar P.S. Case No. 257/2024, under Section 22(C) of the NDPS Act To, Badruz Zaman Choudhury (age 38 years), S/O-Nazim Uddin Choudhury Of Berenga PT-II, PS-Silchar Dist.-Cachar, Assam You are hereby informed vide notice that you have been arrested in connection with the above referred case/circumstances. The case is Non-Bailable to police. Date & time of arrest: on 10/08/2024 at 11:30 P.M. Place of arrest : Silchar P.S. Signature of arrested person: Sd/- Badruz Zaman Choudhury Signature of the arresting officer Page No.# 5/7 Sd/- SI (P) Pranab Jyoti Choudhury Silchar Police Station Dated-11.08.2024” “NOTICE U/S 48 BNSS Ref:- Silchar P.S. Case No. 257/2024, U/S-22(C) NDPS Act To, Rijaul Hoque Laskar, S/O-Amrul Hoque Laskar Dudhpati & PT-VI, PS-Silchar You are hereby inform that the bellow noted accused person has been arrested on 10/08/2024 and forwarded before the Hon’ble Court of Chief Judicial Magistrate Cachar, Silchar (Assam). Name and address of the accused person (1) Badruz Zaman Choudhury (age 38 years), S/O-Nazim Uddin Choudhury Of Berenga PT-II, PS-Silchar Dist-Cachar, Assam Signature of the I/O Sd/- SI (P) Pranab Jyoti Choudhury” 19) From perusal of the same and on reading Sections 47/48 of the BNSS, 2023, it can be seen that the concerned Investigating Officer of said Silchar P.S. Case No. 257/2024 did not comply with the provisions of Section 47/48 of the BNSS, 2023, as it did not contain the grounds of arrest and thereby, violated the provisions of Article 22(1) of the Constitution of India, which is guaranteed to the petitioner, 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. Page No.# 6/7 20) Considering such materials in the case records and since the police personnel of Silchar Police Station, while arresting the petitioner on 10.08.2024 did not fully comply with the provisions of Sections 47/48 BNSS, 2023 and as required under the law and thereby violated the provisions of Article 22(1) of the Constitution of India, the Court found that the petitioner is entitled for his bail in said NDPS Case No. 113/2024, arising out of Silchar Police Station Case No. 257/2024. 21) Accordingly, the petitioner, namely, Sri Badruz Zaman Choudhury, son of Nazim Uddin Choudhury be released on bail in said NDPS Case No. 113/2024, arising out of Silchar Police Station Case No. 257/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), with 2(two) local sureties, each of the like amount both of which should be permanent residents of District-Silchar, to the satisfaction of the learned Special Judge (NDPS), Cachar, Silchar subject to the conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Cachar, Silchar without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 113/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS), Cachar, Silchar in said NDPS Case No. 113/2024 on the dates it is fixed, till its conclusion and shall co-operate with the said Special Court during the trial of the said case; 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 indulge himself in any such criminal activities including possession or procurement, transportation and selling of any such NDPS items. 22) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Sri Badruz Zaman Choudhury, son of Nazim Uddin Choudhury the bail granted to him in said NDPS Case No. 113/2024, arising out of Silchar Police Station Case No. 257/2024 shall stand Page No.# 7/7 automatically vacated. 23) It is also made clear that the learned Special Judge (NDPS), Cachar, Silchar 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 NDPS Case No. 113/2024, arising out of Silchar Police Station Case No. 257/2024 to procure his attendance till the conclusion of the trial of said Special (POCSO) Case No. 160/2024. 24) It is observed that this order relates to bail of the accused petitioner, namely, Sri Badruz Zaman Choudhury, son of Nazim Uddin Choudhury in said NDPS Case No. 113/2024, arising out of Silchar Police Station Case No. 257/2024 and not on merits of the case. 25) Petitioner, named above, be released on bail accordingly, if not required in any other Criminal Case. 26) With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant