Page No.# 1/5 GAHC010102882025 2025:GAU-AS:7543 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1558/2025 DEBASHISH DUTTA AND ANR S/O- LATE RADHA KANTA DUTTA. R/O- DHALPAL, P.S- TUFANGANJ. DIST.- KUCHBIHAR, WEST BENGAL 2: ROBIRUL ISLAM S/O- SAHAB UDDIN MANDAL R/O- NAYAPARA(SALPARA MULANDUBI PT-I) P.S- KRISHNAI. DIST.- GOALPARA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 10.06.2025 Heard Mr. F Hoque, learned counsel for the petitioners and Mr. B. Sarma, learned Page No.# 2/5 Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (i) Debashish Dutta, son of late Radha Kanta Dutta, resident of Dhalpal, P.S.-Tufanganj District-Kuchbihar, West Bengal and (ii) Robirul Islam, son of Sahab Uddin Mandal, resident of village-Nayapara (Salpara Mulandubi Pt-I), P.S.-Krishnai, District-Goalpara have filed this application under Section 483 BNSS, 2023 praying for their bail in Mornoi Police Station Case No. 74/2024, registered under Sections 22(C)/29 of the NDPS Act, 1985, corresponding to GR No. 1014/2024, in which, they were arrested on 24.10.2024 and are in custody since then. 3. As per the FIR dated 23.10.2024, the case is that on receipt of specific information with due authorisation police personnel from Dubapara Police Post under Mornoi Police Station on the intervening night of 22.10.2024 and 23.10.2024 intercepted a black colour Tata Sumo vehicle bearing Registration No. WB-74-L-6427. When the said vehicle along with three persons including the present petitioners were searched in presence of independent witnesses with due authorisation, some bottle cases rapped up with transparent plastic suspected to be contraband NDPS items were found in it, in total 296 bottles each containing 100 ML of PHENSIDYL Cough Syrup containing Triprolidine Hydrochloride & Codeine Phosphate. The three accused persons along with the said Tata Sumo vehicle were brought to the Mornoi Police Station along with the contraband items found in it, amounting to commercial quantity. 4. Accordingly, Mornoi Police Station Case No. 74/2024 was registered under Sections 22(C)/29 of the NDPS Act, 1985, corresponding to GR No. 1014/2024. 5. The three accused persons including the present petitioners were arrested on 23.10.2024 and were produced before the learned Chief Judicial Magistrate, Goalpara on 24.10.2024. 6. It is submitted by Mr. Hoque, learned counsel for the petitioners that a Co-ordinate Bench of this Court by order dated 13.05.2025 have already granted bail to one of the co- accused person of the case who was arrested along with the present petitioners, namely, Aslam Hussain, finding that the authorities of Mornoi Police Station while arresting him did not comply with the provisions of Sections 47 & 48 of the BNSS. Page No.# 3/5 7. The petitioners herein submitted that they were arrested along with said co-accused Aslam Hussain, who has already been released on bail. Even in their case, when they were arrested on 24.10.2024, police authorities of Mornoi Police Station did not comply with the provisions of Sections 47 & 48 of the BNSS, without furnishing them with the reasons and grounds of their arrest in said Mornoi P.S. Case No. 74/2024. 8. As such, Mr. Hoque, learned counsel for the petitioners has submitted that the present petitioners are entitled for their bail in said Mornoi P.S. Case No. 74/2024 on the ground of non-compliance of the provisions of Sections 47 & 48 of the BNSS by the authorities of Mornoi Police Station while arresting them on 24.10.2024. 9. In this regard, the petitioners relied upon the decision of the Hon’ble Supreme Court 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. 10. FSL Report dated 24.04.2025 confirmed that the seized substances from the conscious possession of the petitioners contained Codeine, an NDPS contraband item. 11. It is also seen that pursuant to the application of the concerned Investigating Officer of the case, the learned Special Judge (NDPS), Goalpara by order dated 23.04.2025 granted further 180 days time to the concerned I.O. of the case, thereby extending the detention of the petitioners for another 180 days. 12. From the records of the case that was called for it is seen that after completion of the investigation, police on 30.04.2025 submitted charge-sheet in said Mornoi P.S. Case No. 74/2024 corresponding to GR No. 1014/2024 under Sections 22(C)/29 of the NDPS Act, 1985 against the three accused persons of the case, including the present petitioners. 13. After filing of charge-sheet in said Mornoi P.S. Case No. 74/2024, the same was re- registered and numbered as Special (NDPS) Case No. 07/2025 before the Court of the learned Special Judge (NDPS) cum Sessions Judge, Goalpara. 14. It is seen from the records of the case that cognizance of the offence under Sections 22(C)/29 of the NDPS Act was taken on 04.06.2025 against the accused persons of the case including the present petitioners, but charge is yet to be framed. Page No.# 4/5 15. From the records of the case it is seen that though Notice under Section 47 BNSS was served upon the petitioners at the time of their arrest on 24.10.2024, which the petitioners have acknowledged, but on perusal of the same, it is seen that the same is not in conformity with the provisions of Section 47 of the BNSS, thereby violating the provisions of the Article 22 of the Constitution of India. 16. Considering such materials in the case records and since the police personnel of Mornoi Police Station while arresting the petitioners on 24.10.2024 in Mornoi P.S. Case No. 74/2024 did not comply with the provisions of Section 47 of BNSS and thereby violated the provisions of Article 22 of the Constitution of India as well as the law laid down by the Hon’ble Apex Court in the cases of Prabir Purkayastha (Supra) and Vihaan Kumar (Supra), the petitioners are entitled for their bail in said Special (NDPS) Case No. 07/2025, arising out of Mornoi P.S. Case No. 74/2024, corresponding to GR No. 1014/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS), Goalpara. 17. Accordingly, the petitioners, namely, , (i) Debashish Dutta, son of late Radha Kanta Dutta and (ii) Robirul Islam, son of Sahab Uddin Mandal be released on bail in Special (NDPS) Case No. 07/2025, arising out of Mornoi P.S. Case No. 74/2024, corresponding to GR No. 1014/2024, on furnishing bail bond of Rs. 2,00,000/- (Rupees Two Lakhs) each, 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), Goalpara, subject to the conditions that the petitioners, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Goalpara without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 07/2025; ii) shall regularly attend the Trial before the learned Special Judge (NDPS) Goalpara in said Special (NDPS) Case No. 07/2025 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 Page No.# 5/5 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. 18. Violation of any of the aforesaid terms and conditions by the petitioners, namely, (i) Debashish Dutta and (ii) Robirul Islam, the bail granted to them in said Special (NDPS) Case No. 07/2025, arising out of Mornoi P.S. Case No. 74/2024 shall stand automatically vacated. 19. It is also made clear that the learned Special Judge (NDPS), Goalpara shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioners, named above, on bail in Special (NDPS) Case No. 07/2025, arising out of Mornoi P.S. Case No. 74/2024 to procure their attendance during the trial of the said case. 20. It is observed that this order relates to bail of the accused petitioners, namely (i) Debashish Dutta and (ii) Robirul Islam in Special (NDPS) Case No. 07/2025, arising out of Mornoi P.S. Case No. 74/2024 and not on merits of the case. 21. The petitioners, named above, be released on bail accordingly, if they are not required in any other Criminal Case. 22. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant