Page No.# 1/5 GAHC010095812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1458/2025 NUR ALOM AND ANR S/O LT. ATABOR RAHMAN R/O IVLL-SARKARPARA P.S. MANKACHAR DIST. SOUTH SALMARA, ASSAM PIN- 783131 2: HASINUR ISLAM S/OLT. MOSTAFA SK. R/O VILL- 2 NO. PUBERGAON (KAZIPARA) P.S.MANKACHAR DIST.SOUTH SALMARA ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. SANU HUSSAIN, MR K THAKUR Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.05.2025 1. Heard Mr. K. Thakur, the learned counsel for the petitioners. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner namely, (1) Nur Alom, who has been detained behind the bars since 09.08.2024 and (2) Hasinur Islam since 18.08.2024 in connection with Special NDPS Case No. 02/2025 registered under Section 22(c)/29 of the NDPS Act, 1985 (corresponding to Mankachar Police Station Case No. 161/2024). 3. The gist of the accusation in this case is that on 09.08.2024, one Mr. Elias Hussain, SI of Police, had lodged an FIR before the Officer-In- Charge of Mankachar Police Station, inter-alia, alleging that on receipt of an information that one Nur Alom, petitioner No.1, is selling the prohibited drugs at new market area of Mankachar, a search team was constituted and a search was made at new market area at about 6.40 pm, where the petitioner No.1 was apprehended and from his possession, 322 grams of Sampex plus Capsule and Tramadol was recovered. 4. The learned counsel for the petitioner has submitted that nothing was recovered from petitioner No. 2. He also submitted that in this case, both the petitioners were served with notice under Section 47 of the BNSS, Page No.# 3/5 2023 after their arrest. However, in the said notices, no grounds of arrest were stated and, therefore, he submits that there has been a violation of constitutional mandate and on that ground, they are entitled to get bail. 5. On the other hand, the learned Additional Public Prosecutor submits that there are sufficient incriminating materials against the petitioners on record. 6. He submits that the seized contraband was recovered from the probation of petitioner No. 1 and there are evidence on record to suggest that the same was supplied by petitioner No. 2. However, he fairly submits that in the notice under Section 47 of the BNSS, 2023, though the signatures of petitioners are there, however, it does not contain any grounds of arrest. 7. I have considered the submissions made by the learned counsel for both the sides and have perused the scanned copy of the Special NDPS Case No. 02/2025. 8. The Apex Court in the case of “Vihan Kumar Vs. State of Haryana and Another” reported in 2025 SCC Online SC 269 has observed that furnishing of grounds of arrest to an arrestee in writing at the time of his arrest is a constitutional mandate as well as statutory requirement and any violation of the same mandate would render the arrestee itself guilty and on that ground the such an arrestee would be entitled to get bail. In the instant case also, as apparent on record, the notices punished to both the petitioners under Section 47 of the BNSS, 2023 at the time of their arrest do not contain the grounds of arrest or basic facts, which necessitated their arrest. 9. Hence, there is a violation of constitutional mandate of furnishing Page No.# 4/5 grounds of arrest to the petitioner at the time of their arrest and, therefore, due to violation of the said constitutional mandate, the petitioners are entitled to get bail. 10. For reasons discussed in the foregoing paragraph, both the petitioners are allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand only) each with two sureties of like amount subject to the satisfaction of the Trial Court with the following conditions: i. That the petitioners shall cooperate in the trial of Special NDPS Case No. 02/2025, which is pending before the Trial Court ; ii. That the petitioners shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioners shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioners; iv. That the petitioners shall provide their contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details before the Trial Court; v. That the petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit their leave address and contact details during such leave before the Trial Court; and vi. That the petitioners shall not commit any offence while Page No.# 5/5 on bail. 11. With the above observation, this bail application is, accordingly, disposed of. JUDGE Comparing Assistant