Page No.# 1/4 GAHC010098912025 2025:GAU-AS:7791 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1611/2025 ARTI KUMARI ALIAS CHANDANI KUMARI W/O GAUTAM KUMAR R/O VILL- KAMTA, P.S. HILSA DIST. NALDA, BIHAR. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 11.06.2025 1. Heard Mr. S. Rahman, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor, appearing for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita (BNSS), 2023 has been filed by the petitioner, namely, Arti Kumari @ Chandani Kumari, who has been detained behind the bars since 09.01.2024 (for more than 1 year 5 months), in connection with NDPS P.S. Case No. 18/2024, under Sections 21(b)(ii)(C)/29 of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 09.01.2024, one Pratap Nath had lodged an FIR before the Officer-in-Charge of Rangia Railway Police Station, inter-alia, alleging that on that day during regular checking of Rangia Railway Police Station, the petitioner, along with her husband namely, Gautam Kumar were found carrying 23.566 Kg of suspected heroin in three separate bags. 4. The learned counsel for the petitioner has submitted that the seized contraband was recovered from the bags, which were carried by the husband of the petitioner. She was not aware of the said contraband. He also submits that the petitioner has been detained behind the bars for more than 1 year 5 months. 5. He also submits that the main ground of seeking bail in this case is that at the time of her arrest, no notice under Section 50 of the Code of Criminal Procedure, 1973 was furnished to him and no grounds of arrest were communicated to her when she was arrested and therefore, he submits that there is a violation of the Constitutional Mandate as provided under Article 22(1) of the Constitution of India as well as Section 50 of the Code of Criminal Procedure, 1973. 6. 6. On the other hand, the learned Additional Public Prosecutor, has opposed the grant of bail on the ground that the contraband seized from the possession of the petitioner is of commercial quantity and therefore, the embargo of Section 37 of the NDPS Act, 1985 is applicable in this Page No.# 3/4 case. 7. The Apex Court in the case of "Vihaan Kumar Vs. State of Haryana And Another" reported in "2025 SCC OnLine SC 269" has observed that furnishing the grounds of arrest in writing to an arrestee at the time of the arrest is a constitutional requirement and any violation of the said constitutional requirement would entitle such an arrestee be released on bail. 8. In the instant case, it appears that though notice under Section 50 of the Code of Criminal Procedure, 1973 was served on the petitioner at the time of her arrest, however, in the said notice, apart from the police station case number and the penal provisions involved in the case, no other information was furnished, no basic facts which necessitated the arrest of the petitioner were disclosed in the said notice and therefore, no grounds of arrest has been have mentioned in the said notice. As such there is apparently a violation of Constitutional Mandate of Article 22(1) and the statutory requirement of Section 50 of the Code of Criminal Procedure, 1973 as well as Section 52 (1) of the NDPS Act, 1985 has been violated in this case and the petitioner is entitled to get bail on that ground only. 9. Accordingly, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with two suitable sureties of like amount to the satisfaction of the learned Special Judge, (NDPS) Rangia, Kamrup, subject to the following conditions: (i) That the petitioner shall cooperate in the investigation of the NDPS P.S. Case No. 18/2024; (ii) That the petitioner shall appear before the Investigating Officer of the Page No.# 4/4 NDPS P.S. Case No. 18/2024, as and when so required by him for the sake of fair completion of the investigation; (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 Investigating Officer; (iv)That the petitioner shall provide her contact details including photocopies of her Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Investigating Officer; (v) That the petitioner shall not leave the jurisdiction of the Court of the learned Special Judge, (NDPS) Rangia, Kamrup without prior permission of the said Court and when such leave is granted by the said Court the petitioner shall submit her leave address and contact details during such leave before the said Court; and (vi) That the petitioner shall not commit any offence while on bail. 10. This bail application is accordingly disposed of. JUDGE Comparing Assistant