Page No.# 1/5 GAHC010150072024 2025:GAU-AS:6426 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2204/2024 SAIFUL ISLAM @ BABU S/O LATE SOLEMAN ALI, R/O BELLA KHANDAKAR PARA, P.S.-BARPETA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, 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 21.05.2025 Heard Mr. F Haque, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Saiful Islam @ Babu, son of Late Soleman Ali, resident of Bella Khandakar Para, Police Station-Barpeta, District-Barpeta has filed this application under Section 483 BNSS, 2023 on 25.07.2024 praying for their bail in NDPS Case No. Page No.# 2/5 179/2024, arising out of STF Police Station Case No. 19/2023, registered under Sections 22(C)/29 of the NDPS Act, 1985, corresponding to GR No. 8717/2023, in which the petitioner along with another Md. Mujakir Hussain were arrested on 24.11.2023 and are in custody since then. 3. Mr. Hoque, learned counsel for the petitioner has submitted that a Co-ordinate Bench of this Court by its order dated 14.05.2025 passed in B.A. No. 2076/2024 released the co-accused person of the case, Md. Mujakir Hussain on bail in said STF Police Station Case No. 19/2023 now registered as NDPS Case No. 179/2024, trial of which is presently pending before the Court of learned Special Judge (NDPS) cum Additional Sessions Judge No. 5, Kamrup (Metro), Guwahati. 4. By filing an additional affidavit on 08.05.2025, the petitioner contended that at the time of his arrest on 24.11.2023, the authorities of the Special Task Force (STF) did not comply with the provisions of Sections 50/50A of the CrPC as required under the law and as being held by 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. 5. Mr. Hoque, learned counsel for the petitioner further submitted that the petitioner was arrested on 24.11.2023 in said STF Police Station Case No. 19/2023 in absence of any of his relatives or any other witnesses. 6. Perused the records of NDPS Case No. 179/2024 arising out of STF P.S. Case No. 19/2023 that was called for by order dated 31.07.2024. 7. Matter relates to recovery of 29,000 Nos. of Yaba Tablets weighing about 2.907 Kgs. containing Methamphetamine, a banned drug under the NDPS Act, 1985 from the conscious possession of the petitioner and the co-accused person of the case, Md. Mujakir Hussain while a raid was conducted in the rented premise on the night of 23.11.2023 while they were in the said rented room at Dopholia under Fatasil Ambari Police Station. Page No.# 3/5 8. The FSL report dated 06.01.2024 pertaining to the seized NDPS substances recovered from the possession of the petitioner confirmed to be Methamphetamine valued at Rs. 4,36,05,000/-. 9. After completion of investigation of the case, charge-sheet in said STF P.S. Case No. 19/2023 was submitted on 14.05.2024 vide Charge-Sheet No. 06/2024 under Sections 22(C)/29 of the NDPS Act against both the accused persons of the case including the present petitioner. 10. After filing charge-sheet in said STF P.S. Case No. 19/2023, the same was registered as NDPS Case No. 179/2024 and charge under Section 22(C) of the NDPS Act was framed against the accused persons of the case including the petitioner on 19.11.2024. 11. Said NDPS Case No. 179/2024 arising out of STF P.S. Case No. 19/2023 is presently pending in the stage of recording of evidence of prosecution witnesses. 12. From the records of the case, it is seen that while arresting the petitioner on 24.11.2023, though notice was issued to him under Section 50 of the CrPC obtaining his signature, but the same is found to be not in conformity with the provisions of Section 50 of the CrPC and as laid down by the Hon’ble Apex Court in the cases of Prabir Purkayastha (Supra) and Vihaan Kumar (Supra) and thereby violated the right of the petitioner conferred under Article 22 of the Constitution of India. 13. 13. Considering such materials in the case records and since the personnel Special Task Force (STF) while arresting the petitioner on 24.11.2023 in STF P.S. Case No. 19/2023 did not comply with the provisions of Section 50 of the Cr.P.C and thereby violated the provisions of Article 22 of the Constitution of India, the petitioner is entitled for his bail in NDPS Case No. 179/2024, arising out of STF P.S. Case No. 19/2023, corresponding to G.R. No. 8717/2023, the trial of which is presently pending before the Court learned Special Judge (NDPS) cum Additional Sessions Judge No. 5, Kamrup (Metro) at Guwahati. Page No.# 4/5 14. Accordingly, the petitioner, namely, Saiful Islam @ Babu, son of Late Soleman Ali, be released on bail in said NDPS Case No. 179/2024, arising out of STF P.S. Case No. 19/2023, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only by the petitioner, 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 Additional Sessions Judge No. 5, Kamrup (Metro) at 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. 5, Kamrup (Metro), Guwahati without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 179/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS) cum Additional Sessions Judge No. 5, Kamrup (Metro), Guwahati in said NDPS Case No. 179/2024 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, including possession, transportation and sale of any such NDPS items in future. 15. 15. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Saiful Islam @ Babu, son of Late Soleman Ali, the bail granted to him in said NDPS Case No. 179/2024, arising out of STF P.S. Case No. 19/2023 shall stand automatically vacated. Page No.# 5/5 16. It is also made clear that the learned Special Judge (NDPS) cum Additional Sessions Judge No. 5, 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, named above, on bail in said NDPS Case No. 179/2024, arising out of STF P.S. Case No. 19/2023 to procure his attendance during the trial of the said case. 17. It is observed that this order relates to bail of the accused petitioner, namely, Saiful Islam @ Babu, son of Late Soleman Ali, in said NDPS Case No. 179/2024, arising out of STF P.S. Case No. 19/2023 and not on merits of the case. 18. The petitioner, named above, be released on bail accordingly, if he is not required in any other Criminal Case. 19. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant