Page No.# 1/5 GAHC010198172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2886/2025 BM RAHISH AND ANR S/O BM KHOMEI R/O PAOBITEK, MANING LEIKAI, P.O. AND P.S. WANGOI, DIST.IMPHAL WEST, MANIPUR-795009. 2: BM HAFIZ ANISH S/OBM KHOMEI R/O VILL- PAOBITEK MANING LEIKAI P.O. AND P.S. WANGOI DIST. IMPHAL WEST MANIPUR-795009 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL NARCOTICS CONTROL BUREAU (NCB). Advocate for the Petitioner : MR. M BISWAS, S K DAS,A GHOSAL,J SINGPHO Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.09.2025 1. Heard Mr. M. Biswas, learned counsel for the petitioners. Also heard Ms. M. Deka, learned Standing Counsel for the NCB. Page No.# 2/5 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioners namely (i) B. M. Rahish and (ii) B. M. Hafiz Anish who are detained behind the bars since 29.11.2023 (for more than one year and nine months) in connection with NDPS case No.183/2024 corresponding to NCB Crime No. 19/2023 under Sections 22(c) & 29 of the NDPS Act, 1985 presently pending before the Court of the learned Additional Sessions Judge No. 5, Kamrup (M). 3. The gist of accusation in this case is that on 27.11.2023, the Intelligence Officer of NCB received an information through reliable sources that two persons (present petitioners) are likely to arrive at Guwahati railway station at about 6.30 a.m. Accordingly, the NCB officials reached the Guwahati railway station and conducted the search of the train in which the petitioners were travelling. During search operation, about 9.669 kgs of contraband suspected to be methamphetamine tablets were recovered from their possession. 4. The learned counsel for the petitioners has submitted that though the petitioners were served with the arrest memo which was prepared after their arrest, however, same does not mention the grounds of arrest and the basic facts for which the petitioners were arrested. It does not clearly mention about the accusation made against the petitioners. As such, there is a violation of Article 22(1) of the Constitution of India in this case. 5. He further submits that the petitioners are languishing behind the bars for last 1 year 9 months and none of the 9 prosecution witnesses have yet been examined. Therefore, he submits that due to the prolonged incarceration of the petitioners, their fundamental rights guaranteed to them under Article 21 of the Constitution of India has also been violated. 6. On the other hand, the learned Standing Counsel for NCB has vehemently Page No.# 3/5 opposed the grant of bail to the petitioners on the ground that the contraband seized in this case is of commercial quantity and therefore the embargo on Section 37 of the NDPS Act is applicable to this case. 7. On the other hand learned Standing Counsel for the NCB has submitted that the delay in culmination of trial cannot be attributed to the prosecution side as the delay was caused due to failure of the petitioners to engage their counsels at the initial stage. She further submits that two witnesses were also present before the Court on 24.01.2025, however, they could not be examined as the Court was vacant on the date of appearance of the witnesses. 8. I have considered the submissions made by the learned counsel for the both sides and have gone through the records available before this court including the scanned copy of the trial court records. 9. It appears from the notice under Section 50 CrPC issued to the petitioners at that the time of arrest, the said notice does not contain any grounds of arrest as well as basic facts which necessitated the arrest of the petitioners in the above noted case. It also appears from the memorandum of arrest prepared by the arresting officer at the time of arrest of the petitioners that though the said notice mentioned that the petitioners were arrested in connection with the seizure of 9.669 kgs of methamphetamine tablets at Guwahati Railway Station. However, it is not indicated therein as to how the petitioners are linked with the said seizure. In the memorandum of arrest, it has been stated that the contraband was recovered from the possession of the present petitioners. Thus, though the memorandum of arrest mentions about the penal provisions under which the case has been registered it is devoid of clarity which would indicate the ground of arrest. Page No.# 4/5 10. Further, it appears that the petitioners are languishing behind the bars for last more than one year nine months which in the considered opinion of this court is a period of incarceration which may be regarded as long enough to have infringed the fundamental rights of the petitioners guaranteed under Article 21 of the Constitution of India and as such it overrides the embargo of Section 37 of the NDPS Act, 1985. Therefore, this Court is of considered opinion that the petitioners are entitled to go on bail for the aforesaid reasons. 11. The above named petitioners are allowed to go on bail of Rs.1 lakh each with one surety of like amount subject to the satisfaction of the Trial Court with following conditions of :- i. That the petitioners shall co-operate in the trial of NDPS Case No. 183/2024, which is pending in the Court of the learned Additional Sessions Judge No. 5, Kamrup (M); ii. That the petitioners shall appear before the Trial Court as and when so required by the Trial Court; iii. That the petitioners shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court; iv. That the petitioner shall provide their contact details including photocopies of their Aadhar Card or Driving License or PAN card as well as mobile number and other contact details before the Trial Court; v. That the petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit their leave address Page No.# 5/5 and contact details during such leave before the Trial Court; and vi. That the petitioners shall not commit any offence while on bail. 12. This bail application is accordingly disposed of. JUDGE Comparing Assistant