Page No.# 1/5 GAHC010109492025 2025:GAU-AS:6879 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1677/2025 AKUM CHANG S/O- LATE F. CHANG. R/O- VILL.- CHUNGAIXENG, RONGMEI, P.S.- DIMAPUR EAST, DIST.- DIMAPUR, NAGALAND, PIN-797112. VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN, MRS. ROMA ENGTIPI,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R 28-05-2025 Heard Mr. A. I. Uddin, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Akum Chang, son of late F. Chang, resident of Villlage- Chungaixeng, Rongmei, Post Office- Dimapur, Police Station-Dimapur East, District- Dimapur, Nagalang, Pin No. 797112, has filed this application under Section 483 BNSS, 2023 on 21.05.2025 praying for his bail in NDPS Case No. 23/2024, arising out of Borpathar Police Station Case No. 45/2023, registered under Sections 21(C)/29 of the NDPS Act, 1985, corresponding to GR No. 335/2023, in which, he was arrested on 16.11.2023 and is in custody since then. 3. The petitioner earlier approached this Court for his bail in said NDPS Case No. 23/2024, arising out of Borpathar P.S. Case No. 45/2023 and the Court by order dated 19.12.2024, passed in BA No. 3298/2024 rejected the case of the petitioner 4. This is petitioner’s second bail application in said NDPS Case No. 23/2024, arising out of Borpathar P.S. Case No. 45/2023. 5. The contention of the petitioner is that at the time of his arrest in said Borpathar P.S. Case No. 45/2023 on 16.11.2023, the police authorities of Borpathar police station did not comply with the provisions of Section 50 CrPC. 6. It is also placed by Mr. Uddin, learned counsel for the petitioner that the co-accused of the case, namely, MC Ongbou Chang has already been released on bail by the learned Special Judge (NDPS), Karbi Anglong, Diphu in said NDPS Case No. 23/2024, arising out of Borpathar P.S. Case No. 45/2023 on 08.05.2025 due to non-compliance of the provisions of Section 50 CrPC and also the law laid down by the Hon’ble Apex Court in the Page No.# 3/5 cases of Vihaan Kumar Vs. State of Haryana reported in (2025) SCC OnLine 269 and Radhika Agarwal Vs. Union of India reported in (2025) SCC Online 449. 7. Matter relates to recovery of 1850 grms/1.850 kgs of Morphine from the spare tire of the vehicle during Naka Checking in which the petitioner along with said MC Ongbou Chang was sitting bearing Registration No.AS-01-BD-2314, coming from the side of Dimapur towards Borpathar. 8. 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. 9. The Notice issued to the petitioner under Section 50 CrPC at the time of arrest on 15.11.2023 is as follows:- “ U/S 50 CrPC To Shri/Smti : MC Ongbou Chang, 44 Yrs. S/o, d/o, W/o: MC Chollen Chang Village : H/No.16 UNB Sec.-B, Burma Camp, Dimapur, Post Office: Dimapur East, Dist Dimapur, Nagaland, Reference Borpathar P.S. Case No. 45/2023 U/S 21©/29 NDPS Act You are hereby informed that you are under arrested with above reference case is non-bailable to police, so you are forwarded to the Court. You may submit petition before Hon’ble Court for your bail. Signature of the arrestee Sd/- MC Ongnou Chand Signature of I/O SI(P) Dipen Chandra Boruah Date 15.11.2023” 9. Considering such materials in the case records and since the police personnel of Borpathar Police Station while arresting the petitioners on 16.11.2023 in Borpathar Police Station Case No. 45/2023 did not comply with the provisions of Section 50 of the CrPC, Page No.# 4/5 and thereby violated the Provision of Article 22 of the Constitution of India, the petitioner is entitled for his bail in said NDPS Case No. 23/2024, arising out of Borpathar Police Station Case No. 45/2023, corresponding to GR No. 335/2023, the trial of which is presently pending before the Court of the learned Special Judge (NDPS), Karbi Anglong, Diphu if he is not required in any other criminal case. 10. 10. Accordingly, the petitioner, namely, Akum Chang, son of late F. Chang be released on bail in said NDPS Case No. 23/2024, arising out of Borpathar Police Station Case No. 45/2023, corresponding to GR No. 335/2023, 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), Karbi Anglong, Diphu subject to the conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Karbi Anglong, Diphu without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 23/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS), Karbi Anglong, Diphu in said NDPS Case No. 23/2024 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 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. 11. Violation of any of the aforesaid terms and conditions by the petitioner, namely, namely, Akum Chang, the bail granted to him in said NDPS Case No. 23/2024, arising out of Borpathar Police Station Case No. 45/2023, shall stand automatically vacated. Page No.# 5/5 12. It is also made clear that the learned Special Judge (NDPS), Karbi Anglong 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. 13. It is observed that this order relates to bail of the accused petitioner, namely, Akum Chang in said NDPS Case No. 23/2024, arising out of Borpathar Police Station Case No. 45/2023 and not on merits of the case. 14. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant