Page No.# 1/5 GAHC010096182025 2025:GAU-AS:6161 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1459/2025 SUSANTA DEB AND ANR S/O SANKAR DEB R/O VILL AND P.O. CHAMPAMURA P.S. BISHALGARH DIST.SIPAHIJALA,TRIPURA, PIN- 799130 2: RUPAN SARKAR S/O KALA CHAN SARKAR R/O BATADOLA P.O. KAMAL NAGAR P.S.SONAMURA DIST. SIPAHIJALA TRIPURA PIN- 79913 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. SANU HUSSAIN, MS S Y ALAM,MR K THAKUR Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 16.05.2025 Heard Mr. B. Ali. S. K., learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2) The petitioners, namely, (i) Susanta Deb, son of Sankar Deb, resident of village Campamura, Police Station-Bishalgarh, District-Sipahijala, Tripura and (ii) Rupan Sarkar, son of Kala Chan Sarkar, resident of Batadola, Police Station-Sonamura, District-Sipahijala, Tripura have filed this application under Section 483 BNSS, 2023 on 05.05.2025 praying for their bail in Special Case No. 519/2024, arising out of Golakganj Police Station Case No. 127/2024, corresponding to GR No. 613/2024, in which, they were arrested on 03.06.2024 and are in custody since then; in which, charge against both the accused petitioners and two others were framed on 30.09.2024 under Section 20(b)(ii)(C) of the NDPS Act, 1985, the trial of which is presently going before the learned Special Judge (NDPS), Dhubri. 3) The contention of the petitioners herein is that while arresting them, police authorities of Golakganj Police Station did not comply with the provisions of Section 50/50A of the Cr.P.C as required under Article 22(1) of the Indian Constitution. To that extent, the petitioners have annexed the copies of the Notices under Section 50 Cr.P.C. issued to the petitioners on 03.06.2024 in said Golakganj P.S. Case No. 127/2024. 4) The facts of the case is that on 02.06.2024 around 12:30 P.M., one Maruti Swift Dzire vehicle bearing registration No. AS-01-BR-8260 and one Maruti Breeza vehicle (without number plate) were apprehended during Naka checking at Chagolia Outpost in presence of independent witnesses. During such Naka checking, 50 packets of suspected Cannabis (Ganja) were recovered from the Maruti Breeza vehicle (without number plate), which was driven by the petitioner No. 1. From the other vehicle, i.e., the Maruti Swift Dzire vehicle bearing registration No. AS-01-BR-8260 also similar substances were recovered and the petitioner No. 2 was sitting in the front seat of the said vehicle. Page No.# 3/5 Altogether, 187.785 kgs of Ganja was recovered from both the vehicles. 5) After their arrest on 03.06.2024, they were produced for the first time before the learned Chief Judicial Magistrate, Dhubri on 03.06.2024 itself. The FSL report dated 30.07.2024 confirmed the seized substances recovered from the possession of the petitioners to be Ganja, a scheduled NDPS item. 6) On completion of the investigation of the case, Police submitted charge sheet in said Golakganj P.S. Case No. 127/2024 on 15.08.2024 vide charge sheet No. 177/2024 under Section 20(b)(ii)(C) of the NDPS Act, 1985 against all the accused persons, including the present petitioners. 7) On receipt of the charge sheet in said Golakganj P.S. Case No. 127/2024, it was re- registered and re-numbered as Special Case No. 519/2024 before the learned Special Judge (NDPS), Dhubri. 8) Perused the records of Special Case No. 519/2024 as well as the records of Golakganj P.S. Case No. 127/2024 that were called for by order dated 08.05.2025. 9) From the case records, it is seen that as on 05.03.2025, out of 10 (ten) prosecution witnesses, learned Special Judge (NDPS), Dhubri has already recorded the evidences of 5 (five) of the prosecution witnesses, who were thoroughly cross examined by the defence (on behalf of the accused persons). However, from the records, it is seen that while arresting the accused petitioners on 03.06.2024, they were served with Notices under Sections 50/50A of the Cr.P.C., but it does not contain the grounds 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. 10) Considering such materials in the case records and since the police personnel of Golakganj Police Station while arresting the petitioners on 03.06.2024 in Golakganj P.S. Case No. 127/2024 did not comply with the provisions of Section 50 of the Cr.P.C and thereby violated the provisions of Article 22 of the Constitution of India; the petitioners are entitled for their bail in said Special Case No. 519/2024, arising out of Golakganj P.S. Page No.# 4/5 Case No. 127/2024, corresponding to GR No. 613/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS), Dhubri. 11) Accordingly, the petitioners, namely, (i) Susanta Deb, son of Sankar Deb and (ii) Rupan Sarkar, son of Kala Chan Sarkar be released on bail in said Special Case No. 519/2024, arising out of Golakganj P.S. Case No. 127/2024, corresponding to GR No. 613/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only by each of the petitioners, 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), Dhubri subject to the conditions that the petitioners, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Dhubri without obtaining prior written permission from the said authority, till disposal of said Special Case No. 519/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS), Dhubri in said Special Case No. 519/2024 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 themselves in any criminal activities in the future. 12) Violation of any of the aforesaid terms and conditions by the petitioners, namely, (i) Susanta Deb, son of Sankar Deb and (ii) Rupan Sarkar, son of Kala Chan Sarkar, the bail granted to them in said Special Case No. 519/2024, arising out of Golakganj P.S. Case No. 127/2024, corresponding to GR No. 613/2024 shall stand automatically vacated. 13) It is also made clear that the learned Special Judge (NDPS), Dhubri shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing Page No.# 5/5 the accused petitioners, named above, on bail in said Special Case No. 519/2024, arising out of Golakganj P.S. Case No. 127/2024, corresponding to GR No. 613/2024 to procure their attendance during the trial of the said case. 14) It is observed that this order relates to bail of the accused petitioners, namely, (i) Susanta Deb and (ii) Rupan Sarkar in said Special Case No. 519/2024, arising out of Golakganj P.S. Case No. 127/2024, corresponding to GR No. 613/2024 and not on merits of the case. 15) The petitioners, named above, be released on bail accordingly, if they are not required in any other Criminal Case. 16) With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant