Page No.# 1/4 GAHC010174422025 2025:GAU-AS:13850 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2572/2025 SAMSUR UDDIN KAZI AND ANR S/O AJIR UDDIN KAZI R/O VILL- BHAIRABNAGAR, VTC- KRISHNAPUR, P.O. KRISHNAPUR, SUB- DIST. SILCHAR, DIST. CACHAR, ASSAM, PIN-788025. 2: SARIA BEGUM @ SARIA BEGUM KAZI W/O SAMSUR UDDIN KAZI R/O VILL- BHAIRABNAGAR VTC- KRISHNAPUR P.O. KRISHNAPUR SUB- DIST. SILCHAR DIST. CACHAR ASSAM PIN-788025 VERSUS UNION OF INDIA REPRESENTED BY THE SC, DRI Advocate for the Petitioner : MS. S K NARGIS, MS N SULTANA,MS S BEGUM Advocate for the Respondent : SC, DRI, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R Page No.# 2/4 16.10.2025 Heard Ms. S.K. Nargis, learned counsel for the accused petitioners as well as Ms. P.S. Chakraborty, learned Special Public Prosecutor appearing for the DRI. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioners namely, Samsur Uddin Kazi and Saria Begum @ Saria Begum Kazi, have prayed for bail in connection with NDPS Case No.261/2024 arising out of DRI Guwahati seizure case No.22/CL/NDPS/MORPHINE/DRI/GZU/2023-24 under Section 21(C)/29 of the NDPS Act, 1985. 3. The case is stated to be pending before the learned Additional District & Sessions Judge, No.3, Kamrup (M), Guwahati. The accused persons were arrested on 03.02.2024 and since then, they are in judicial custody. 4. The allegation is about recovery of 4.141 Kg. suspected psychotropic substance Morphine from their possession. The primary contention of the learned counsel for the petitioner is non-compliance with regard to Section-50A Cr.P.C, which stipulates that the grounds of arrest have to be furnished to the family members of the accused upon his arrest. 5. Relying on the settled law in this regard, it is contended on behalf of the petitioner that due such non-compliance, they may be granted bail. 6. The learned Special P.P. submits that the quantity in question is commercial quantity and the investigation has collected sufficient incriminating materials against both the accused persons and it is also submitted the family members were aware of their arrest. In this regard as also drawn my attention Page No.# 3/4 to visit report dated 22.04.2024. 7. Considering the fact that the penal provision of the NDPS Act, pertaining to commercial quantity is involved and therefore, on merits bail can be granted to the accused persons herein only if the test of Section 37 of the Act is passed in their favour (accused). However, in view of the contention of the petitioner, if the accused persons are found entitled to bail for procedural infirmity at the time of arrest in terms of the law laid down by the Supreme Court - then perhaps it would be futile exercise to going into the merits and adjudicate the issue of Section 37 of the Act. 8. I have perused the notice under Section 50 Cr.P.C, it reasonably meets the stipulated standards. However, it appears that no notice under Section 50A Cr.P.C. was given to the family members of the accused. No such notice came to be placed before the Court. 9. In the case of Vihaan Kumar Vs. Union of India reported in 2025 SCC OnLine SC 269, it has been held that compliance with Section 50 and 50A (Section 47 and 48 BNSS, 2023) are mandatory and that grounds of arrest in reasonable details, specific to the accused have to be provided to the accused and also his family members or relative or nominated person at or around the time of arrest. In the event of failure to do so, the subsequent detention of the accused shall be untenable, entitling him to bail. 10. In the instant case also, as the notice under Section 50A was not given; therefore, the same constitutes a fatal procedural infirmity at the time of arrest violative of Article 22(1) of the Constitution in terms of the settled law Reference Vihaan Kumar (supra). 11. Accordingly, both the accused persons having been found entitled to bail Page No.# 4/4 on those grounds are hereby allowed to go on bail of Rs. 75,000/- each with one surety of like amount each, to the satisfaction of the concerned learned Court of (Additional District & Sessions Judge No.3, Kamrup (M), Guwahati) and subject to the following conditions that:- (i) That the accused persons shall not abscond, (ii) they shall be available for the trial, (iii) they shall not hamper or tamper with the evidence. (iv) they shall not try to influence or threaten to the witnesses, (v) they shall not misuse their liberty to commit any illegal activities or offences including any offences of consuming or peddling of narcotic drugs & psychotropic substances. 11. In case of violation of any or more of the bail conditions, the I/O can move an appropriate application through the prosecution for cancellation of the bail. 12. This bail application stands allowed and disposed of. 13. Send back the case diary. JUDGE Comparing Assistant