Page No.# 1/6 GAHC010277882024 2025:GAU-AS:6876 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3960/2024 MOTIBAR BHUYAN S/O SULTAN BHUYAN, R/O VILL- DEWANER ALGA, P.S.-SUKCHAR, DIST- SOUTH SALMARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR A BASUMATARY,M RAHMAN,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 28.05.2025 Heard Mr. N. J. Dutta, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Motibar Bhuyan, son of Sultan Bhuyan, resident of village- Dewaner Alga, Police Station-Sukchar, District-South Salmara has filed this application on 20.12.2024 under Section 483 BNSS, 2023 seeking his bail in NDPS Case No. 161/2023, Page No.# 2/6 arising out of Jalukbari Police Station Case No. 269/2023, registered under Sections 22(C)/29 of the NDPS Act, 1985, in which, the petitioner was arrested on 06.05.2023 and is in custody since then. 3) It is submitted by the petitioner that along with him, accused petitioners, namely (1) Ebat Hussain @ Md Ibat Hussain, son of Abdul Hussain (2) Abdul Wadut @ Abdul Adut, son of Asad Ali Haque and (3) Mistal Haque, son of Abdul Aziz and three others were arrested and all of them were produced before the Court of the learned Chief Judicial Magistrate, Kamrup (Metro) at Guwahati on 06.05.2023. 4) It is also placed by Mr. Dutta, learned counsel for the petitioner that the accused persons, namely, Ebat Hussain @ Md Ibat Hussain, Abdul Wadut @ Abdul Adut and Mistal Haque, who were arrested along with the present petitioner have been granted bail by a Co- ordinate Bench of this Court by order dated 20.05.2025 passed in B.A. No. 1258/2025 and by order dated 22.05.2025 passed in B.A. No. 1606/2025. 5) Petitioner submitted that even in this case, the concerned Investigating Officer of said Jalukbari P.S. Case No. 269/2023 did not comply with the provisions of Section 50/50A of the Cr.P.C. like the other co-accused persons, namely, Ebat Hussain @ Md Ibat Hussain, Abdul Wadut @ Abdul Adut and Mistal Haque, for which, they were granted bail due to violation of Article 22(1) of the Constitution of India. 6) Mr. Borthakur, learned Additional Public Prosecutor, Assam submitted that the contraband goods @ Yaba tablets were recovered from the possession of the present petitioner and as such, he should not be released on bail. 7) As per the FIR dated 06.05.2023, the case is that on the basis of specific information and on registering such information as G.D. Entry at Jalukbari Police Station, police personnel from Jalukbari Police Station with due authorisation, during Naka checking of AS-01-QC-2372 recovered a black and red bag from the possession of the petitioner and from the said bag, in presence of independent witnesses, 9,200 nos. of Yaba tablets were recovered. As such, to make further enquiry, he was brought to the Jalukbari Police Station. During such enquiry, the police personnel from Jalukbari police station came to know that there are other accused persons involved in the case. Page No.# 3/6 8) The said FIR was accordingly registered as Jalukbari Police Station Case No. 269/2023 under Sections 22(C)/29 of the NDPS Act, 1985. 9) Perused the case records of said NDPS Case No. 161/2023, along with the records of said Jalukbari Police Station Case No. 269/2023 that was called for by the Court vide order dated 03.01.2025. 10) During investigation of the case, along with the petitioner, Abdul Hoque, son of late Iman Ali; MD. Hamidul, son of Md. Apaba; MD. Najir Hussain, son of MD. Hamidulla; Ebat Hussain @ Md Ibat Hussain, son of Abdul Hussain; Abdul Wadut @ Abdul Adut, son of Asad Ali Haque and Mistal Haque, son of Abdul Aziz all were apprehended on 05.05.2023 and all of them were produced before the Court of the learned Chief Judicial Magistrate, Kamrup (Metro) at Guwahati on 06.05.2023. 11) After completion of the investigation of the case, Police submitted charge sheet in said Jalukbari P.S. Case No. 269/2023 on 16.10.2023. Thereafter, said Jalukbari P.S. Case No. 269/2023 was re-registered and re-numbered as NDPS Case No. 161/2023 and the matter is pending for trial before the Court of the learned Special Judge (NDPS) -cum- Additional Sessions Judge No. 5, Kamrup (Metro) at Guwahati. 12) Charge under Sections 22(C) of the NDPS Act, 1985 was framed against the petitioner in said NDPS Case No. 161/2023 on 14.03.2024 by the learned Special Judge (NDPS) -cum- Additional Sessions Judge No. 5, Kamrup (Metro) at Guwahati. 13) The petitioner contended that while arresting him on 05.05.2023, the concerned Investigating Officer of said Jalukbari P.S. Case No. 269/2023 did not comply with the provisions of Sections 50/50A of the Code of Criminal Procedure that was in force. 14) Section 50 of the Cr.P.C. stipulates as follows- “(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.” Page No.# 4/6 15) From the records of the case, it is seen that Notice under Section 50 Cr.P.C. that was served upon the petitioner on the date of his arrest, which was duly received by him on 04.04.2024 is found to be as follows- “NOTICE OF INFORMATION U/S 50 Cr.P.C (information to arrested person on grounds of arrest and right to bail) To, Motibar Bhuyan (35), S/O-Sultan Bhuyan, village-Dewaner Alga P.S.-Sukchar, Dist-South Salmara You are hereby informed of your arrest in connection with the below reference case/circumstance. The case is bailable/Non bailable to Police. Case No. & Penal Section of Law/GD reference and Circumstances and PS:- Jalukbari PS C- No. 261/23 U/S-21(C)/29 NDPS Act. Further intimidated that you should arrange for sureties on behalf for released on bail (Strike off if the offence is non-bailable) Signature of Arrested person :- Sd/- Motibar Bhuyan Signature of Arresting officer :- Sd/- SI Marnik Ch Sarkar Designation:- SI of Police PS/OP:- JLB OP Date & Time:- 6/5/23 at 11.30 Am” 16) On perusal of the said Notice under Section 50 Cr.P.C. issued to the petitioner by the concerned Investigating Officer of said Jalukbari P.S. Case No. 269/2023, it is seen that the said Notice does not contain any detailed particulars of the offence as being provided under Section 50 of the Cr.P.C., for which, the petitioner was arrested as well as other grounds of his such arrest. 17) Moreover, from reading of the said Notice under Section 50 Cr.P.C. that was served upon the petitioner by the concerned Investigating Officer of said Jalukbari P.S. Case No. 269/2023 on the date of his arrest, it is also seen that the petitioner was not informed by the concerned Investigating Officer of the case that he was entitled to be released on bail and Page No.# 5/6 that he may arrange for sureties on his behalf. This vital information not being provided to the petitioner at the time of his arrest by the concerned Investigating Officer of the case violated the right of the petitioner under Article 22(1) of the Constitution of India. 18) Consequently, for such violation of provisions of the Article 22(1) of the Constitution of India, which is guaranteed to the petitioner, as being established in the cases of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269 passed by the Hon’ble Supreme Court ; the petitioner is entitled for his bail in said NDPS Case No. 161/2023, arising out of Jalukbari Police Station Case No. 269/2023. 19) Accordingly, the petitioner, namely, Motibar Bhuyan, son of Sultan Bhuyan be released on bail in said NDPS Case No. 161/2023, arising out of Jalukbari Police Station Case No. 269/2023, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), with 2(two) local sureties, each of the like amount both of which should be permanent residents of District-Kamrup (Metro), to the satisfaction of the learned Special Judge (NDPS) -cum- Additional Sessions Judge No. 5, Kamrup (Metro) subject to the conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS) -cum- Additional Sessions Judge No. 5, Kamrup (Metro) without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 161/2023; ii) shall regularly attend the Trial before the learned Special Judge (NDPS) -cum- Additional Sessions Judge No. 5, Kamrup (Metro) in said NDPS Case No. 161/2023 on the dates it is fixed, till its conclusion and shall co-operate with the said Special Court during the trial of the said case; iii) shall not hamper and/or tamper with the evidence of the case; iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court; and Page No.# 6/6 v) shall not indulge himself in any such criminal activities including possession or procurement, transportation and selling of any such NDPS items. 20) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Motibar Bhuyan, son of Sultan Bhuyan the bail granted to him in said NDPS Case No. 161/2023, arising out of Jalukbari Police Station Case No. 269/2023 shall stand automatically vacated. 21) It is also made clear that the learned Special Judge (NDPS) -cum- Additional Sessions Judge No. 5, Kamrup (Metro) shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner on bail in said NDPS Case No. 161/2023, arising out of Jalukbari Police Station Case No. 269/2023 to procure his attendance till the conclusion of the trial of said NDPS Case No. 161/2023. 22) It is observed that this order relates to bail of the accused petitioner, namely, Motibar Bhuyan, son of Sultan Bhuyan in said NDPS Case No. 161/2023, arising out of Jalukbari Police Station Case No. 269/2023 and not on merits of the case. 23) Petitioner, named above, be released on bail accordingly, if not required in any other Criminal Case. 24) With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant