Page No.# 1/6 GAHC010097632024 2025:GAU-AS:4499 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1408/2024 LALSANGZO W/O LALHUMSANG, VILL- SIPUIKON TIPAIMUKH, P.S.-PARBUNG, DIST- CHURACHANDPUR, MANIPUR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.04.2025 Heard Mr. H. R. Choudhury, the learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 439 of the Code of Criminal Procedure for Page No.# 2/6 granting regular bail to the petitioner, namely, Lalsangzo in connection with Special NDPS Case No. 141/2023 pending in the Court of Sessions Judge, Karimganj arising out Badarpur PS Case No. 294/2023 proceeded under Section 21(c)/25/29 of NDPS Act, 1985. The petitioner has been detained behind the bars since 27.10.2023 (for last 1 year 5 months and 13 days). 3. The gist of accusation in this case is that on 27.10.2023 one Abhijit Gogoi, SI(P), had lodged an FIR before the Officer-In-Charge of Badarpur Police Station, inter-alia, alleging that an information was received from a reliable source that two persons comprising one male and one female were coming from Manipur with some Narcotic Contraband for selling the same at Deorail area, a search team was constituted and the said team reached at Deorail at about 4:30 pm on the same day. On reaching the said place, two suspected persons were found in a pan shop belonging to one Babul Hussain. The said persons were apprehended which includes the present petitioner Lalsangzo also. During search 22 nos. of soap cases in a bag were found in the pan shop which contained 277.22 grams of suspected Heroin. On receipt of the said FIR, Badarpur PS Case No. 294/2023 was registered and investigation was initiated leading to framing of charges against the 5 accused persons including the present petitioner under Section 21(c)/25/29 of the NDPS Act. 4. Learned counsel for the petitioner has submitted that the petitioner has been languishing behind the bars since 1 year 5 months and 13 days. However, till date not even a single prosecution witness out of 12 witnesses have been examined. Hence, he has prayed for release of the petitioner on the ground of prolonged detention. Page No.# 3/6 5. The learned counsel appearing for the petitioner has also taken an additional ground that at the time of arrest of the petitioner though notice under Section 50 of the CrPC was served on the petitioner however no grounds of arrest were mentioned in the said notice. He submits that apart from Badarpur PS Case No. 294/2023 and the penal provision involving the case i.e. under Section 21(c)/25/29 no other information or grounds were stated in the said notice. The learned counsel for the petitioner submits that under Article 22(1) of the Constitution of India as well as under Section 52 of the NDPS Act and Section 50 of the Cr.PC, it was the constitutional and the statutory mandate to provide the grounds of arrest to the petitioner at the time of his arrest and he submits that failure on the part of the police to furnish the grounds of arrest vitiates to arrest itself and on that grounds itself he is entitled to get bail. 6. The petitioner has relied on the ruling of the Apex Court in the case of Vihaan Kumar Vs State of Haryana & Anr. reported in (2025) SCC Online SC 269 wherein it has observed as follows: “20. When an arrested person is produced before a Judicial Magistrate for remand, it is the duty of the Magistrate to ascertain whether compliance with Article 22(1) has been made. The reason is that due to non-compliance, the arrest is rendered illegal; therefore, the arrestee cannot be remanded after the arrest is rendered illegal. It is the obligation of all the Courts to uphold the fundamental rights.” 7. On the other hand, learned Addl. PP opposes to grant of bail to the present petitioner on the ground that quantity of the contraband recovered in this case which is commercial quantity and therefore the embargo of Section 37 of the NDPS Act is applicable. He also submits that as regards the plea of Page No.# 4/6 prolonged incarceration is concerned, the period of detention already undergone so as to grant of bail to the petitioner on that ground. However, he fairly submits that in the notice served on the petitioner under Section 50 apart from the case number and penal provisions involving the case no other information has been furnished. 8. I have considered the submissions made by learned counsel for both the parties. 9. Though in this case the petitioner has been detained behind the bars for about 1 year 5 months and 13 days and till date not even a single witness has been examined however this Court is of the considered opinion that still the period of detention in this case may not be granted. 10. However, requirement of furnishing ground of arrest at the time of arrest of the petitioner is a constitutional mandate and in the instant case that has not been followed by the police which vitiates the arrest itself and therefore on the failure on the part of the arresting authority to comply with the constitutional mandate of Article 22 (1) as well as statutory mandate of Section 52 of the NDPS Act as well as Section 50 of the Cr.PC, 1973, this Court is of the considered opinion that the petitioner can no longer be detained behind the bars and she is entitled to be released on bail. 11. Considering the submissions made by the learned counsel for both the sides and also considering the period of detention already undergone by the petitioner, the above-named petitioner is hereby allowed to go on bail of Rs. 2,00,000/-(Rupees Two Lakhs only) with two sureties of like amount (one of whom should be a Government servant residing within the state of Assam) subject to the satisfaction of the learned District and Sessions Judge, Page No.# 5/6 Sribhumi with following conditions:- i. That the petitioner shall cooperate in the trial of Special (NDPS) Case No. 141/2023, which is pending in the Court of the learned Special Judge, Karimganj; ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioner 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 petitioner; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court; v. That the petitioner 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 his leave address and contact details during such leave before the Trial Court; vi. That the petitioner shall not commit any offence while on bail; vii. That the petitioner shall appear before the Officer-in-Charge of Badarpur Police Station once in every fortnight till the pendency of the Special (NDPS) Case No. 141/2023. 12. That any violation of the above conditions shall be a good ground for the Page No.# 6/6 Trial Court to get the petitioner arrested and commit him to custody. 13. With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant