Page No.# 1/5 GAHC010096172025 2025:GAU-AS:6432 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1457/2025 ABUL HUSSAIN S/O LATE KADER ALI R/O GAURIPUR WARD NO.4 (OLD/NEW 13) P.S. GAURIPUR DIST. DHUBRI, ASSAM PIN-783331 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. SANU HUSSAIN, MR K THAKUR,MS J A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R 21-05-2025 Heard Mr. S. Hussain, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Abul Hussain, son of late Kader Ali, resident of Gauripur Ward No.4 (old)/New-13, Police Station-Gauripur, District-Dhubri, Assam, Pin Page No.# 2/5 No.783331 has filed this application under Section 483 BNSS, 2023 on 05.05.2025 praying for his bail in Special (NDPS) Case No. 450/2024, arising out of Gauripur P.S. Case No.94/2024 under Section 353 IPC, read with Section 22(c) of the NDPS Act, 1985 corresponding to G.R. No. 322/2024, trial of which is presently pending before the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri, wherein, he was arrested on 28.03.2024 and is in custody since then. 3. The petitioner contended that while arresting him on 28.03.2024 in said Gauripur P.S. Case No.94/2024, the authorities of the Gauripur Police Station in said Gauripur P.S. Case did not specify the grounds of his arrest and also did not inform his nominated persons pertaining to his arrest in said Gauripur P.S. Case as required under Sections 50 and 50A of the Cr.P.C., violating his fundamental rights guaranteed under Article 22(1) of the Constitution of India. 4. In that regard, 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 . 5. By order dated 08.05.2025 records of said Special (NDPS) Case No. 450/2024, along with the records of said Gauripur P.S. Case No.94/2024 were called for. 6. As per the FIR dated 28.03.2024 pertaining to said Gauripur P.S. Case No. 94/2024, matter relates to recovery of 720 numbers of Pyeevan Spas Plus tablets containing Tramadol Hydrochloride, weighing about 439.20 grms was recovered from the conscious possession of the petitioner, i.e., in the house of the petitioner in presence of independent witnesses on the night of 27.03.2024 during a search conducted on the basis of specific inputs. 7. The petitioner along with another Ashraful Rahman were apprehended and subsequently, arrested in said Gauripur P.S. Case No.94/2024 on 28.03.2024. Thereafter, the accused petitioner along with co-accused, Ashraful Rahman were Page No.# 3/5 produced before the Court of learned CJM, Dhubri on 29.03.2024. 8. From the records of the case, it is seen that the FSL report dated 27.05.2024 pertaining to the seized narcotic substances from the conscious possession of the petitioner confirmed presence of Tramadol, a Scheduled NDPS item. 9. After completion of the investigation of the case, Charge-Sheet in said Gauripur P.S. Case No. 94/2024 was filed on 25.06.2024 vide Charge Sheet No. 156/2024 under Sections 353 IPC read with Section 22(c) of the NDPS Act. 10. After filing of the charge sheet in said Gauripur P.S. Case No. 94/2024 on 25.06.2024 corresponding to G.R. No. 322/2024, the said case was re-registered and re-numbered as Special (NDPS) Case No. 450/2024 before the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri. 11. On 10.07.2024, the learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri took cognizance of the offence under Section 22(c) of the NDPS Act and on 18.09.2024 framed charge under Section 22(c) of the NDPS Act against the petitioner and under Section 353 IPC against the co-accused Ashraful Rahman. 12. As per the record forwarded on 14.05.2025, the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Dhubri, the recorded the evidences of five prosecution witnesses, out of nine named prosecution witnesses in the charge sheet of the case. 13. However, on perusal of the records of the case, it is seen that in the Notice under Section 50 CrPC served on the petitioner by the police authorities of Gauripur Police Station in Gauripur P.S. Case No. 94/2024, that was received by the petitioner putting his thumb impression, though he was informed that he was arrested on 28.03.2024 in said Gauripur P.S. 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 petitioner in said Gauripur P.S. Case No. 94/2024 violated the provisions Page No.# 4/5 of Article 22 of the Constitution of India. 14. Considering such materials in the case records and since the police personnel of Gauripur Police Station while arresting the petitioner on 28.03.2024 in said Gauripur P.S. Case No. 94/2024 did not comply with the provision of Sections 50 and 50A of the CrPC and thereby violated the Provisions of the Article 22 of the Constitution of India, the petitioner is entitled for his bail in said Special (NDPS) Case No. 450/2024, arising out of Gauripur P.S. Case No.94/2024, corresponding to G.R. No. 322/2024, trial of which is presently pending before the Court of learned Special Judge (NDPS)-cum- Additional Sessions Judge, Dhubri. 15. Accordingly, the petitioner, namely, Abul Hussain, son of late Kader Ali, be released on bail in said Special (NDPS) Case No. 450/2024, arising out of Gauripur P.S. Case No.94/2024 under Section 353 IPC, read with Section 22(c) of the NDPS Act, 1985 corresponding to G.R. No. 322/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs) 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, Dhubri 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, Dhubri without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 450/2024; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)- cum-Additional Sessions Judge, Dhubri in said Special (NDPS) Case No. 450/2024 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 Page No.# 5/5 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; 16. Violation of any of the aforesaid conditions by the petitioner, Abul Hussain, the bail granted to him in the aforesaid Special (NDPS) Case No. 450/2024, arising out of Gauripur P.S. Case No.94/2024 shall stand automatically vacated. 17. It is also made clear that the learned Special Judge (NDPS)-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 on bail in said Special (NDPS) Case No. 450/2024, arising out of Gauripur P.S. Case No.94/2024 to procure his attendance during the trial. 18. It is observed that this order relates to bail of the accused petitioner, namely, Abul Hussain, in said Special (NDPS) Case No. 450/2024, arising out of Gauripur P.S. Case No.94/2024 and not on merits of the case. 19. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant