Page No.# 1/5 GAHC010098892025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1548/2025 JAY KUMAR CHAUHAN @ JOY KUMAR CHAUHAN S/O- LATE SHIBAPARACHAN CHAUHAN. R/O- VILL- KISHAN BASTI, P.O- JENKHA, P.S- KHERONI, DIST.- KARBI ANGLONG, ASSAM. PIN-782448. 2: BHUWAL CHAUHAN S/O- BALIRAM CHAUHAN R/O- VILL- KISHAN BASTI P.O- JENKHA P.S- KHERONI DIST.- KARBI ANGLONG ASSAM. PIN-782448 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NCB Advocate for the Petitioner : MR S RAHMAN, MS. S PHUKAN Advocate for the Respondent : SC, NCB, BEFORE Page No.# 2/5 HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 14.10.2025 Heard Mr. S. Rahman, learned counsel for the petitioner. Also heard Ms. M. Deka, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel for the NCB. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, Jay Kumar Chauhan @ Joy Kumar Chauhan and Bhuwal Chauhan, praying for regular bail. The present accused petitioners were arrested on 16.02.2023 in connection with NDPS Case No. 118/2023 registered under Sections 20(b)(ii)(c) and 29 of NDPS Act, 1985 corresponding to NCB Crime No.02/2023 pending before the Court of learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati. 3. Considering the penal provisions of the NDPS Act given, the applicability of Section 37 has to be checked for same. However, the petitioner side has filed an additional affidavit taking the ground of non-compliance with Section 50A Cr.P.C (as it existed then) pertaining to furnishing of grounds of arrest to the accused. It is also submitted that the notice under 50A Cr.P.C is not available at all. 4. The scanned case record has been received. It is also submitted by the petitioner side referring to Annexure-9 about health problem of the petitioner, namely, Jay Kumar Chauhan @ Joy Kumar Chauhan. 5. The learned counsel for the prosecution submits that so far 4(four) witnesses have been examined during the trial, out of the 15 listed witnesses. Page No.# 3/5 6. The prosecution points out the serious nature of the alleged offences falling under the commercial quantity of the NDPS Act. The notice furnished to the accused under 50(A) herein below:- Case No. 118/23 NOTICE U.S, 50 Cr.P.C. Shri/Smt.: Jay Kumar Chauhan @ Joykumar Chouhan S/o, D/o, W/o: Lt Shibaprachan Chouhan Village-: Kishan Basti, Post Office: Jenkha Police Station: Kheroni Case No.: NCB Guwahati Case No. 02/2023 U/S: 8(c)/20(b)(ii)(c)/29 You are hereby informed that you are arrested in connection with the above reference case and the case is non- bailable. So, you are forwarded to the Court. You may submit petition before the Hon'ble Court for your bail. Sd/- Illegible 16/2/23 Santanu Guha Investigating Officer Narcotics Control Bureau (Seal) Signature of arrestee: I have informed my wife Jhanki Chauhan with regard to my arrest to mobile 8761858268. 7. It is clear from the aforesaid notice that it does not meet the standards and requirements laid down by the Hon’ble Supreme Court in the case of Vihaan Kumar Vs. Union of India reported in 2025 SCC OnLine SC 269 as the detailed grounds and grounds specific to the accused have not been Page No.# 4/5 narrated. 8. In terms of the law laid down in the case of Vihaan Kumar (supra), the said infirmity at the time of arrest renders his continued detention untenable and entitles the petitioner to be granted bail. It has been also held in Vihaan Kumar (supra) that entitlement to bail due to such infirmity in arrest procedure would prevail even if there are some statutory restrictions on bail in the given law. 9. Therefore, in a manner it would be a futile exercise to go into the detailed materials as to whether the rigors of Section 37 NDPS Act would be applicable in the instant case as the petitioners are found to be entitled to bail in terms of the said law due to fatal procedural infirmity, at the time of arrest. 10. In such view of the matter, the accused/petitioners herein is allowed to go on bail of Rs. 75,000/- each with one surety of like amount each to the satisfaction of the concerned learned Additional Sessions No.1, Kamrup (M), Guwahati and subject to the following conditions that:- (i) That the accused persons shall be available for the remaining trial; (ii) That the accused shall not hamper or tamper with evidence, (iii) They shall not misuse their liberty to commit any offences, including any offences under the NDPS Act. 11. Violation of bail conditions might entail cancellation of the bail. 12. This bail application stands allowed and disposed of. JUDGE Page No.# 5/5 Comparing Assistant