Page No.# 1/5 GAHC010098932025 2025:GAU-AS:10176 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1555/2025 GAUTAM KUMAR S/O SRI STYENDRA SINGH 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 05.08.2025 1. Heard Mr. S. Rahman, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, appearing for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Page No.# 2/5 Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Gautam Kumar, who has been detained behind the bars since 09.01.2024 (for more than 1 year 7 months), in connection with NDPS Case No. 18/2024, under Sections 20(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 his wife namely, Arti Kumari @ Chandani Kumari were found carrying 23.576 Kg of suspected heroin in three separate bags. 4. He also submits that the main ground of seeking bail in this case is that at the time of his 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 him when he 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. 5. 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 case. 6. However, the learned Additional Public Prosecutor has fairly Page No.# 3/5 submitted that in this case, though the petitioner was served with a notice Section 50 of the Code of Criminal Procedure, 1973, when he was arrested, however, the said notice does not mentions any grounds of arrest therein apart from the police station case number as well as penal provisions involved in this 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 his 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. 50,000/- (Rupees Fifty Thousand only), with two suitable sureties Page No.# 4/5 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 trial of the NDPS P.S. Case No. 18/2024; (ii) 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; (iii) That the petitioner shall provide his contact details including photocopies of his Aadhaar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Trial Court; (iv) 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 his leave address and contact details during such leave before the said Court; and (v) That the petitioner shall not commit any offence while on bail. 10. This bail application is accordingly disposed of. Page No.# 5/5 JUDGE Comparing Assistant