Page No.# 1/3 GAHC010213852025 2025:GAU-AS:13847 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3107/2025 MUKUT ALI S/O. ABDUL ALIM, R/O. VILL.- NO. 1 BHOGPUR, P/S. GORESWAR, DIST. BAKSA, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. Advocate for the Petitioner : B AHMED, MR. T HUSSAIN,MR. N J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 16.10.2025 Heard Mr. N. J. Dutta, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Mukut Ali, seeking regular bail in connection with NDPS Page No.# 2/3 Case No. 138/2024 under Sections 20(b)(ii)(c)/25/29 of NDPS Act corresponding to Basistha P.S. case No. 613/2023, pending before the court of learned Special Judge (NDPS), Guwahati. 3. The primary contention of the petitioner is that there is no compliance with Sections 50/50(A) of Cr.P.C. at the time of his arrest and thereby he is become to entitled bail in terms of the law laid down by Hon’ble Supreme Court. 4. I have perused the copy of the notice under Section 50/50(A) Cr.P.C annexed with the petition. Scanned TCR has been received and the notice under 50(a) available therein has also been perused. However, notice under 50(A) Cr.P.C was not found on the scanned TCR. In any case the aforesaid notices given to the petitioner and his relative at the time of his arrest do not contain the grounds of arrest as required by the law laid down by the Hon’ble Supreme Court in the case of Vihaan Kumar Vs. State of Haryana and Another reported in (2025 SCC OnLine SC 269). Therefore the accused has become entitled to get bail in terms of the said law, despite the existence of statutory bar under Section 37 NDPS Act. 4. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Basistha P.S. case No. 613/2023 under Section 20(b)(ii) (c)/25/29 of NDPS Act, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court Special Judge (NDPS), Guwahati. 5. The direction for bail is further subject to the conditions: (a) That the accused person shall co-operate with remaining investigation; (b) That the accused persons shall not hamper or tamper with evidence; and 6. Violation or breach of any condition(s) shall entail cancellation of bail. Page No.# 3/3 7. With the above observations, this bail petition stands allowed and disposed of accordingly. 8. Send back the case diary. JUDGE Comparing Assistant