Page No.# 1/5 GAHC010187932024 2025:GAU-AS:5873 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2772/2024 THONGKHONGMAYUM BOBY AND ANR S/O TH. TOMBA, R/O HIYANGTHANG PALLAK, P.S.-WANGBOI, DIST- IMPHAL WEST, MANIPUR 2: PUSHAM ABDUL HASIM S/O PUSHAM KASIM ALI R/O HIYANGTHANG PALLAK P.S.-WANGBOI DIST- IMPHAL WEST MANIPU VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR K THAKUR, MR D MEDHI,S YESMIN,MS. P. NAIDING Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 13.05.2025 Heard Ms. S. Yasmin, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/5 2) The petitioners, namely, (i) Thongkhongmayum Boby, son of Th Tomba and (ii) Pusham Abdul Hasim, son of Pusham Kasim Ali, both residents of Hiyangthang Pallak, Police Station-Wangboi, District-Imphal West, Manipur have filed this application under Section 483 BNSS, 2023 on 09.09.2024 praying for their bail in NDPS Case No. 56/2023, arising out of Dillai Police Station Case No. 34/2023, registered under Sections 21(C)/29 of the NDPS Act, 1985, corresponding to GR No. 185/2023, in which, they were arrested on 20.04.2023 and are in custody since then. 3) Matter relates to recovery of 529.36 gms of Heroin from 45 Nos. of soap boxes which were placed inside the airless spare tyre of the Tata DI vehicle bearing Registration No. AS-11-DC-4350 in which, both the petitioners came from Dimapur side that was intercepted during Naka checking at Lahorijan checking point in front of Lahorijan Police Post on 19.04.2023 around 04:00 PM. 4) Accordingly, Dillai Police Station Case No. 34/2023 under Sections 21(C)/29 of the NDPS Act, 1985 was registered on 19.04.2023 itself, corresponding to GR No. 185/2023; both the petitioners were arrested on 19.04.2023 itself and were produced before the learned Sub-Divisional Judicial Magistrate (M) at Bokajan, Karbi Anglong. The FSL report dated 05.07.2023 of the seized NDPS substance recovered from the conscious possession of the petitioners, noted above, confirmed to be Heroin with 80.29%. Police after completion of the investigation of the case submitted the charge sheet in said Dillai P.S. Case No. 34/2023 on 16.07.2023 vide charge sheet No. 40/2023 against the petitioners under Sections 21(C)/29 of the NDPS Act. 5) On receipt of the charge sheet in said Dillai P.S. Case No. 34/2023, it was re- registered and re-numbered as NDPS Case No. 56/2023 before the Court of learned Special Judge (NDPS), Karbi Anlgong at Diphu. In said NDPS Case No. 56/2023, the Court on 28.07.2023 took cognizance of the offences under Sections 21(C)/29 of the NDPS Act against both the petitioners and on 01.09.2023, the Court framed charge under Sections 21(C)/29 of the NDPS Act against both the accused persons of the case. In the meanwhile, the learned Special Judge (NDPS), Karbi Anlgong at Diphu as on 21.10.2024 recorded evidence of four of the prosecution witnesses out of six named prosecution Page No.# 3/5 witnesses in the charge sheet, who were thoroughly cross examined by the defence (on behalf of the petitioners). 6) The petitioners submitted that considering their detention in custody since 20.04.2023 for more than two years, they should be released on bail. 7) By filing an additional affidavit on 24.04.2025, the petitioners submitted that at the time of their arrest on 19.04.2023, the authorities concerned in said Dillai P.S. Case No. 34/2023 did not specify the grounds of their arrest and also did not inform their nominated persons pertaining to their arrest in said Dillai P.S. Case as required under Section 50/50A of the Cr.P.C., 1973 as amended, violating their fundamental rights guaranteed under Article 22(1) of the Constitution of India. 8) In this regard, the petitioners relied upon the decision of 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. 9) Perused the record of NDPS Case No. 56/2023 along with the record of Dillai P.S. Case No. 34/2023 that were called for by order dated 24.04.2025. 10) From the records of Dillai P.S. Case No. 34/2023, it is seen that in the Notice under Section 50 Cr.P.C. served on both the petitioners, though they were informed that they were arrested on 19.04.2023 at about 10:15 PM in said Dillai P.S. Case but did not provide the full particulars of the offence for which they were arrested and other grounds for their such arrest. Further, in the said Notice under Section 50 Cr.P.C., the petitioners were also not informed by the authorities of Dillai Police Station that they are entitled to be released on bail and that they may arrange for sureties on their behalf. As such, it is found that the Police authorities of Dillai Police Station while arresting the petitioners in said Dillai P.S. Case No. 34/2023 violated the provisions of the Article 22 of the Indian Constitution. 11) Considering such materials in the case records and since the police personnel of Dillai Police Station while arresting the petitioners on 19.04.2023 in Dillai P.S Case No. 34/2023 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 petitioners are Page No.# 4/5 entitled for their bail in said NDPS Case No. 56/2023, arising out of Dillai P.S Case No. 34/2023, corresponding to G.R. No. 158/2023, the trial of which is presently pending before the Court of the learned Special Judge (NDPS), Karbi Anglong at Diphu. 12) Accordingly, the petitioners, namely, (i) Thongkhongmayum Boby, son of Th Tomba and (ii) Pusham Abdul Hasim, son of Pusham Kasim Ali, both residents of Hiyangthang Pallak, Police Station-Wangboi, District-Imphal West, Manipur be released on bail in said NDPS Case No. 56/2023, arising out of Dillai P.S Case No. 34/2023, corresponding to G.R. No. 158/2023, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only by each of the petitioners, 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 at Diphu subject to the conditions that the petitioners, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS) Karbi Anglong at Diphu without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 56/2023; ii) shall regularly attend the Trial before the learned Special Judge (NDPS) Karbi Anglong at Diphu in said NDPS Case No. 56/2023 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 themselves in any criminal activities in the future. 13) Violation of any of the aforesaid terms and conditions by the petitioners, namely, (i) Thongkhongmayum Boby and (ii) Pusham Abdul Hasim, the bail granted to them in said NDPS Case No. 56/2023, arising out of Dillai P.S Case No. 34/2023 shall Page No.# 5/5 stand automatically vacated. 14) It is also made clear that the learned Special Judge (NDPS) Karbi Anglong at Diphu shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioners, named above, on bail in said NDPS Case No. 56/2023, arising out of Dillai P.S Case No. 34/2023 to procure their attendance during the trial of the said case. 15) It is observed that this order relates to bail of the accused petitioners, namely, (i) Thongkhongmayum Boby and (ii) Pusham Abdul Hasim in said NDPS Case No. 56/2023, arising out of Dillai P.S Case No. 34/2023 and not on merits of the case. 16) The petitioners, named above, be released on bail accordingly, if they are not required in any other Criminal Case. 17) With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant