Page No.# 1/4 GAHC010200532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2912/2025 BALIRAM RABHA SON OF LATE NAREN CHANDRA RABHA, RESIDENT OF VILLAGE- MUDUKI, POLICE STATION- PALASHBARI, DISTRICT - KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. DITUL DAS, MR. B J TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.09.2025 1. Heard Mr. D. Das, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner namely Baliram Rabha, Page No.# 2/4 who has been detained behind the bars since 07.08.2024 in connection with NDPS Case No. 2/2025 under Sections 20(b)(ii)(c)/29 of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 07.08.2024 one Rikhab Borah, SI of Police had lodged an FIR before the Officer-in-Charge of Palashbari Police Station, inter alla, alleging that on 07.08.2024 at about 5.30 AM, an information was received by the Officer-in-Charge of Palashbari Police Station that some persons were transporting some drugs from Garilick side to Palashbari. On receipt of the said information, a naka checking was arranged and a vehicle (tempo) bearing Registration No. AS-25-CC-1887 was intercepted with the accused person inside the said vehicle and on search of the vehicle, 31 Kgs. of Ganja was recovered from the said vehicle. 4. The learned counsel for the petitioner has submitted that on two occasions the petitioner has approached this court seeking bail, however, on both the occasions the prayer for bail was rejected. He further submits that this petitioner has approached this time by assailing a new ground that is the violation of fundamental rights guaranteed to him under Article 22(1) of the Constitution of India as he was not informed about the ground of his arrest at the time of his arrest notice under section 50 of the CrPC was served on. 5. In support of his submissions, the learned counsel for the petitioner has relied on the ruling of the Apex Court in the case of "Vihaan Kumar Vs. State of Haryana And Another" reported in "2025 SCC OnLine SC 269." 6. On the other hand, the learned Additional Public Prosecutor, has submitted that the contraband seized in this case is of commercial quantity and on an earlier occasion, on the said ground the prayer for bail was rejected. However, he fairly submits that after going through the scanned copy of the Case Diary, Page No.# 3/4 which is available in the Court, he could not find the notice under Section 50 of the Code of Criminal Procedure, 1973. 7. I have considered the submissions made by the learned counsel for both sides. The petitioner is detained behind the bars for the last 307 days. 8. It also appears that furnishing the grounds of arrest to an arrestee at the time of his or her arrest is the requirement as provided under Article 22(1) of the Constitution of India. As held by the Apex Court in the case of "Vihaan Kumar Vs. State of Haryana And Another" (supra) non-compliance of the constitutional mandate of furnishing the grounds of arrest in writing to an arrestee would vitiate the arrest itself and under such circumstances, the petitioner is entitled to get bail. 9. In the instant case also, as there has been non-compliance of the mandatory constitutional provisions under Article 22(1) of the Constitution of India as well as Section 50 of the Code of Criminal Procedure, 1973, both the above-named petitioner is entitled to get bail. 10. In view of the above, both the above-named petitioner, is hereby directed to be released on bail of furnishing a bond of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the learned Additional Sessions Judge, Kamrup (Amingaon), with following conditions that:- (i) That the petitioner shall cooperate in the investigation of the NDPS Case No. 2/2025; (ii) That the petitioner shall appear before the Investigating Officer of the NDPS Case No. 2/2025, as and when so required by him for the sake of fair completion of the investigation; (iii) That the petitioner shall not directly or indirectly make any Page No.# 4/4 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 Investigating Officer; (iv) That the petitioner shall provide their contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Investigating Officer; (v) That the petitioner shall not leave the jurisdiction of the Court of the learned Additional Sessions Judge, Kamrup (Amingaon) without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and (vi) That the petitioner shall not commit any offence while on bail. 11. This bail application is accordingly disposed of. JUDGE Comparing Assistant