Page No.# 1/4 GAHC010217362025 2025:GAU-AS:14110 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3160/2025 MD NURSAFI S/O MD. ABDUL SALAM, RESIDENT OF SORA MANING, LEIKAI SORA, PS KAKCHING, SUB DIVISION THOUBAL, KAKCHING BAZAR, MANIPUR, 795103 2: SARIF CHESAM S/O ABDUL MALIK RESIDENT OF SORA MANING LEIKAI SORA PS KAKCHING SUB DIVISION THOUBAL KAKCHING BAZAR MANIPUR 79510 VERSUS THE UNION OF INDIA REP. BY SC, NCB Advocate for the Petitioner : MS K DAS, MR. P K SAHARIA Advocate for the Respondent : SC, NCB, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 23.10.2025 1. Heard Mr. P.K. Saharia, learned counsel for the petitioner. Also heard Ms. M. Deka, learned standing counsel for NCB. 2. Learned counsel submits that he seeks regular bail with regard to two accused persons, namely, (1) Md. Nursafi & (2) Sarif Chesam in connection with NDPS Case No. 77/2025 arising out of NCB Crime No. 09/2024 punishable under Sections 22(C)/29 of the NDPS Act, 1985, pending before the Court of learned Additional Sessions Judge No-5, Kamrup (M), Guwahati. 3. It is submitted by the learned counsel for the petitioner that the petitioner stands on equal footing on another co-accused, namely, Chakedul Haque @ Chhakedul Haque @ Mama, who was enlarged on bail by this Court applying the principles laid down by the Hon’ble Supreme Court in the Case of Vihaan Kumar vs. State of Haryana, reported in (2025) 5 SCC 799. 4. Ms. M. Deka, learned standing counsel for NCB objects to the grant of bail and submits that in terms of the law laid down in the case of State of Karnataka Vs. Sri Darshan, reported in 2025 0 Supreme (SC) 1201. Any such inadequate compliance has not caused prejudice and in this context submits that the accused persons were made aware about the reasons and grounds for their arrest. 5. Though scanned case record was called for but the same is Page No.# 3/4 not received. 6. In this context, the learned counsel for the petitioner submits before the Court certified copies of the notice issued under Sections 47/48 BNSS. 7. Perusal of the notice reveals that it is the same notice which is annexed with the bail petition and on the basis of which, upon being prima-facie satisfied about non-compliance, this Court had granted interim bail to both the accused persons vide order dated 26.09.2025. 8. I have perused once again the certified copy of notice under Section 47 BNSS issued to the accused Md. Nursafi and to Sarif Chesam. 9. Both the notices are identical and may be reproduced herein below : Md. Nursafi, S/o MD Abdul Salam R/o Sora Maning Leikai Sora, Kakching Sub Div, Thoubal, Kakching Bazar, Manipur-795103. Case No. : NCB Guwahati Case No. 09/2024 U/S: 08(c) r/w 22 (C) and 29, NDPS Act, 1985 You are hereby informed that you are arrested in connection with the above reference case and the case is non- bailable. So, you will be produced before the Hon'ble Court. You may submit petition before the Hon'ble Court for your bail. 10. The aforesaid notice undoubtedly fails to meet the stipulations Page No.# 4/4 laid down in the case of Vihaan Kumar (Supra). In terms of the settled law now governing the field, this entitles the accused persons to be granted bail and this would be so despite the applicability of the rigours of Section 37 in the instant case. 11. Accordingly, the interim bail granted to the accused vide order dated 26.09.2025 is hereby made absolute subject to the condition that – i) They shall co-operate with the investigation and be available for trial, if one commences; ii) They shall not hamper or tamper with evidence; iii) They shall not indulge in any illegal activities 12. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant