Page No.# 1/4 GAHC010201792025 2025:GAU-AS:13804 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2942/2025 AKBAR ALI S/OLT. ISLAM ALI R/O VILL- UKHURA RESERVE PANIKHAITI P.S. HAJOJ DIST. KAMRUP,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 15.10.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. Page No.# 2/4 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, 1. Akbar Ali, has prayed for bail in connection with Sessions NDPS Case No. 19/2024, arising out of Hajo P.S Case No. 639/2023 registered under Section 20 (c)/31 of the NDPS Act, 1985, pending before the Court of learned Additional Session Judge, Kamrup, Amingaon. 3. The allegation in the FIR is recovery of approximately 21 kgs of suspected ganja from near a pond in a compound of the house of the accused. 4. The scanned TCR as called for has been received. 5. Pursuant to framing of charges, the case is at the stage of trial and some witnesses have been already examined. 6. The learned counsel for the petitioner primarily bases his argument on the contentions of non-compliance with the statutory notices under Sections 50 and 50(A) of the Cr.PC at the time of arrest. 7. Copies of the same have been annexed with the petition. 8. The same is also available in the scanned TCR. 9. Both the notices were furnished and the notice under Section 50 Cr.PC may be reproduced herein below – “To, Akbar Ali (Age-32 Years) S/O – Islam Ali Vill – Ukhura Reserve, Panikhaiti P.S – Hajo, Dist- Kamrup(Assam) Page No.# 3/4 You are hereby informed that you are under arrest in connection with above reference case as non-bailable to Police. So you are forwarded to the Hon’ble Court of JMFC, Hajo. You may submit petition before Hon’ble Court for your bail.” 10. The notice under Section 50(A) Cr.PC may be reproduced herein below – “To, Bubul Ali @ Sana S/O – Islam Ali Vill – Ukhura Reserve, Panikhaiti P.S – Hajo, Dist- Kamrup(Assam) You are hereby informed that below named person who is your son/relatives has been arrested in connection with above reference case which is non-bailable to Police. So, he is forwarded to the Hon’ble JMFC Court, Hajo. You may submit petition before Hon’ble Court for his bail.” 11. It is well settled that in terms of law laid down by the Hon’ble Supreme in the case of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254: (2024) SCC Online SC 934 and Vihaan Kumar Vs. State of Haryana and Anr., reported in (2025) 5 SCC 799: (2025) SCC Online SC 269 – detailed grounds of arrest have to be furnished to the accused at the time of his arrest and to his relatives and that such grounds of arrest have to be in reasonable detail and also specific in nature to the accused. 12. Failing the same, it would be fatal procedural infirmity in the arrest, making further detention untenable and hence, entitling the Page No.# 4/4 accused to bail. 13. In view of the aforesaid nature of the notices, it is clear that they do not fulfill the stipulations laid down by the governing law. Therefore, despite the rigours of Section 37 of the NDPS Act, the present accused is entitled to be granted bail. 14. Accordingly, the above-named accused petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the concerned learned Court with following conditions: (i) That he shall be available for the remaining trial; (ii) That he shall not to try to influence witnesses ; (iii) That he shall not indulge in any activities of consuming or peddling of narcotic drugs. (iv) That he shall not hamper or tamper with evidence. 15. Violation of bail conditions might entail cancellation of the bail. 16. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant