Page No.# 1/5 GAHC010102942025 2025:GAU-AS:6878 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1597/2025 RAJIB UDDIN ALIAS RAJU UDDIN S/O FAKAR UDDIN VILL- CHANDPUR P.S. KARIMGNAJ DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R 28-05-2025 Heard Mr. H. R. Choudhury, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Rajib Uddin @ Raju Uddin, son of Fakar Uddin, resident of Village-Chandpur, Police Station-Karimganj, District- Sribhumi, Assam, has filed this Page No.# 2/5 application under Section 483 BNSS, 2023 on 14.05.2025 praying for his bail in Special (NDPS) Case No. 35/2024, arising out of Karimganj Police Station Case No. 172/2024, registered under Sections 22(c)/25/29 of the NDPS Act, 1985, corresponding to GR No. 535/2024, in which, he was arrested on 15.03.2024 and is in custody since then. 3. The contention of the petitioner herein is that a Co-ordinate Bench of this Court have already released the co-accused Zia Uddin by order dated 05.05.2025, passed in BA No. 1403/2025 arrested along with the present petitioner in said Karimganj Police Station Case No. 172/2024 for non-compliance of the provisions of Sections 50 and 50A CrPC and being in violation of the provisions of law laid down by Hon’ble Supreme Court in the case 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. 4. Mr. Choudhury, learned counsel for the petitioner submitted that even in his case, while arresting him in said Karimganj P.S. Case No. 172/2024 on 15.03.2024, the provisions of Section 50 CrPC has not been followed. As such, on those two grounds, i.e., one on the ground of parity and other on the ground of non compliance of provisions of Section 50 CrPC at the time of his arrest, the petitioner prayed for his bail. 5. As per the FIR dated 15.03.2024, the case is that on receipt of specific information that two persons were carrying drugs in an Autorickshaw at Longai Chandpur area for selling illegal psychotropic substances. After making necessary G D entry, police personnel from Karimganj Police Station arrived at the Longai Chandpur area and found an Autorickshaw bearing Registration No.AS-01AC-4665. During the search from the conscious possession of one Setab Uddin and Raju Uddin, i.e., petitioner herein, 53 bottles of Triplodine Hydrochloride cough syrup were recovered. 6. During further investigation and on interrogation of the accused person, police personnel from Karimganj Police Station came to know that huge consignment of drugs have been stored in the police reserve at Juni Tilla for destruction and one Lens Nayak Zia Uddin had stolen those cough syrup from the police reserve and handed over to them and accordingly said Lens Nayak Zia Uddin was apprehended. Page No.# 3/5 7. The FSL report dated 22.07.2024 of the seized substances from the conscious possession of the petitioner gave positive test of Codeine (Codeine Phosphate). 8. The Notice issued to the petitioner under Section 50 CrPC at the time of arrest on 15.03.2024 is as follows:- “ GROUND OF ARREST U/S 50 CrPC Ref: Karimganj P.S. Case No. 172/2024, U/S-22(c)/25/29 NDPS Act To Raju Uddin S/O-Fakhar Uddin, Vill- Chandpur PS & Dist-Karimganj, Assam You are hereby informed in written that you are arrested in connection with the above noted case as sufficient evidence have been found against you involving to the case. The offence charged on you is non bailable one. So you are forwarded to judicial custody on 16.03.2024 and the ground of arrest is communicated as per the provision of law. You may proceed to honourable Court for your bail. Signature of the arrested accused persons Sd/- Raju Uddin Signature of the arresting Police Officer SI(P) Lila Prasad Sharma Karimganj PS” 9. Section 50 of the CrPC read as follows:- (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2)Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf. 10. On perusal of the same, it is seen that it is not in conformity with the provisions of Section 50 CrPC, thereby violated the right of the petitioner guaranteed under Article 22 of the Constitution of India. Page No.# 4/5 11. The other co-accused arrested along with the petitioner, namely Zia Uddin has already been released on bail for such non-compliance of the provisions of Section 50 CrPC. 12. Considering such materials in the case records and since the police personnel of Karimganj Police Station while arresting the petitioners on 15.03.2024 in Karimganj Police Station Case No. 172/2024 did not comply with the provisions of Section 50 of the CrPC, and thereby violated the Provision of Article 22 of the Constitution of India, the petitioner is entitled for his bail in said Special (NDPS) Case No. 35/2024, arising out of Karimganj Police Station Case No. 172/2024, corresponding to GR No. 535/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS)-cum- Sessions Judge, Sribhumi, if he is not required in any other criminal case. 13. Accordingly, the petitioner, namely, Rajib Uddin @ Raju Uddin, son of Fakar Uddin be released on bail in said Special (NDPS) Case No. 35/2024, arising out of Karimganj Police Station Case No. 172/2024, corresponding to GR No. 535/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only 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)-cum-Sessions Judge, Sribhumi subject to the conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS)- cum-Sessions Judge, Sribhumi without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 35/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum- Sessions Judge, Sribhumi in said Special (NDPS) Case No. 35/2024 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 Page No.# 5/5 any 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 himself in any criminal activities in the future. 14. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Rajib Uddin @ Raju Uddin, the bail granted to him in said Special (NDPS) Case No. 35/2024, arising out of Karimganj Police Station Case No. 172/2024, shall stand automatically vacated. 15. It is also made clear that the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner, named above, on bail in said Special (NDPS) Case No. 35/2024, to procure his attendance during the trial of the said case. 16. It is observed that this order relates to bail of the accused petitioner, namely, Rajib Uddin @ Raju Uddin in said Special (NDPS) Case No. 35/2024, arising out of Karimganj Police Station Case No. 172/2024 and not on merits of the case. 17. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant