Page No.# 1/5 GAHC010106582025 2025:GAU-AS:6951 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1681/2025 CHERLY RYNGKHLEM S/O JEWEL DKHAR DEMTHRONG, R/O UMLONG P.S. UMLONG DIST. THANDLASKEIM, JAYANTI HILLS MEGHALAYA. VERSUS THE STATE OF ASSAM THROUGH THE PP, STATE OF ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 29/05/2025 Heard Mr. J I Borbhuiya, learned counsel for the petitioner and Mr. D P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Cherly Ryngkhlem, son of Jewel Dkhar Demthrong, resident of Umlong, P.S. Umlong, District-Thandlaskeim, Jayanti Hills, Meghalaya, has filed this application under Section 483 of BNSS, 2023, on 20.05.2025, praying for his bail in NDPS Case No. 85/2023 arising Page No.# 2/5 out of Gorchuk Police Station Case No. 35/2023 registered under Sections 21(C)/29 of NDPS Act corresponding to G.R. No. 1078/2023, trial of which is presently pending before the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati, wherein he was arrested on 10.02.2023 and is in custody since then. 3. Earlier the bail application of the petitioner in said NDPS Case No. 85/2023 was rejected by this Court on 28.02.2025 in Bail Appln. No. 187/2025. 4. Matter relates to recovery of Heroin weighing about 237 gms. from the conscious possession of the petitioner that were kept concealed in 19 nos. of soap boxes in the back side of the balcony of his rented house where he stayed along with three others. 5. The FSL report dated 08.05.2023 pertaining to the seized substances recovered from the conscious possession of the petitioner confirmed to be presence of 84.28% of Heroin and the other powdery substance that was recovered to be Methamphetamine, both scheduled NDPS drugs. 6. In this bail application, the petitioner placed before the Court that at the time of his arrest on 10.02.2023 in said Gorchuk P.S. Case No. 35/2023, the provision of Section 50 of the Cr.P.C. was not complied with by the concerned Investigating Officer of the case and thereby violated the rights guaranteed to him under Article 22 of the Constitution of India. 7. In that regard, Mr. Borbhuiya, learned counsel for the petitioner has placed the decisions of the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha Vs. State (NCT of Delhi) reported in (2024) 8 SCC 254 and (ii) Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) SCC OnLine SC 269. 8. Mr. Borbhuiya, learned counsel for the petitioner also submitted that though Notice under Section 50 of the NDPS Act was served upon the petitioner, but no Notice under Section 50 Cr.P.C. was served upon him at the time of his arrest. 9. Section 50 of the Cr.P.C. reads as follows:- ”50. Person arrested to be informed of grounds of arrest and of right to bail — (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 Page No.# 3/5 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. From the records of the case, it is seen that Notice to the petitioner was issued at the time of his arrest by the concerned Investigating Officer of said Gorchuk P.S. Case No. 35/2023 on 10.02.2023 that was received by him, which is quoted as under:- “ Notice to the Arrestee Ref:- Garchuk P.S. Case No. 35/2023 U/S. 21(c)/29 NDPS Act To, Cherly Ryngklem-52 years S/O. Jewel Dkhar Demthrong P.S. Umlong District-Thandlaskeim, Jayanti Hills, Meghalaya You are hereby informed that you have been arrested in connection with the above reference case. Since the case is non bailable to police, so you are forwarding to the Hon’ble C.J.M. Court, Kamrup (M), Assam. You may submit petition before Hon’ble Court for your bail. Signature of the accused Signature of police Sd/ Cherly Ryngkhlem Officer Causing arrest Sd/ S.I. Mabarak Ali Ahmed (SI Mabarak Ali Ahmed) Of Garchuk P.S. Date 10.02.2023” Page No.# 4/5 11. On perusal of the said Notice issued to the petitioner by the concerned Investigating Officer at the time of his arrest on 10.02.2023 and on reading the provisions of Section 50 of the Cr.P.C., noted above, it can be seen that the provisions of Section 50 of the Cr.P.C. was not complied with at the time of arrest of the petitioner on 10.02.2023 in said Gorchuk P.S. Case No. 35/2023 by the concerned Investigating Officer of the case and thereby violated the provisions of Article 22 of the Constitution of India guaranteed to the petitioner as an arrestee. 12. Considering such materials in the case records, the Court found that the petitioner is entitled for his bail in said NDPS Case No. 85/2023 arising out of Gorchuk P.S. Case No. 35/2023. 13. Accordingly, the petitioner, namely, Cherly Ryngkhlem, son of Jewel Dkhar Demthrong, be released on bail in said NDPS Case No. 85/2023 arising out of Gorchuk P.S. Case No. 35/2023 registered under Sections 21(C)/29 of NDPS Act corresponding to G.R. No. 1078/2023, on furnishing a bail bond of Rs.2,00,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government Employee, either Central or State Government, permanently serving in the State of Assam, to the satisfaction of the learned Special Judge (NDPS)-cum-Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati subject to the conditions that the petitioner, named above – (i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS)-cum- Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 85/2023; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati in said NDPS Case No. 85/2023 and shall co- operate with the said Special Court during the trial of the said case till its disposal; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (v) shall not indulge himself in any such criminal activities including possession or procurement, transportation and selling of any such NDPS items. Page No.# 5/5 14. Violation of any of the aforesaid conditions by the petitioner, Cherly Ryngkhlem, the bail granted to him in the aforesaid NDPS Case No. 85/2023 arising out of Gorchuk P.S. Case No. 35/2023 shall stand automatically vacated. 15. It is also made clear that the learned Special Judge (NDPS)-cum-Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner on bail in said NDPS Case No. 85/2023 arising out of Gorchuk P.S. Case No. 35/2023 to secure his attendance till the conclusion of the trial of said NDPS Case No. 85/2023. 16. It is observed that this order relates to bail of the accused petitioner, namely, Cherly Ryngkhlem, in said NDPS Case No. 85/2023 arising out of Gorchuk P.S. Case No. 35/2023 and not on merits of the case. 17. Petitioner, named above, be released on bail accordingly, if not required in any other criminal case. 18. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant