Page No.# 1/6 GAHC030002082025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./13/2025 Sh. Sabir AHmed and 2 Ors. S/o Abdul Sukkur R/o Kanishail, Sribhumi Assam 2: Sh. Kapil Hussain 3: Sh. Azir Uddi VERSUS Union of India r/b the Spl.P.P, Directorate of Revenue Intelligence Aizawl Advocate for the Petitioner : Mr. Daiyan Hussain Advocate for the Respondent : Mr. Johny L Tochhawng ORDER BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA 28.05.2025 Heard Mr. D. Hussain, learned counsel for the petitioners. Also heard Mr. Johny L. Tochhawng, learned Special Public Prosecutor for the Directorate of Revenue Intelligence. 2. This is a bail application under Section 483 of BNSS, 2023 seeking grant of Page No.# 2/6 regular bail to the accused/petitioners i.e. 1) Sabir Ahmed 2) Khapil Hussain and 3) Azir Uddin, who have been arrested on 14.11.2024 in connection with the DRI Seizure Case No. 08/CL/IMP/NDPS-METH/DRI-AZL/2024-25 registered under Section 22(c)/23(c)/29 of the ND&PS Act, 1985. 3. Mr. D. Hussain, learned counsel for the petitioners submits that as per the decision of the Apex Court in Vihaan Kumar Vs. State of Haryana & Another reported in 2025 SCC OnLine SC 269, the requirement of communicating the grounds of arrest in writing is not only to the arrested person but also to the friends, relatives or such other persons as may be disclosed or nominated by the arrested person so as to make the mandate of Article 22(1) of the Constitution meaningful and effective, failing which, such arrest may be rendered illegal. 4. Per contra, Mr. Johny L. Tochhawng, learned counsel for the respondent submits that in the present case, the arrest memo clearly indicates that the grounds of arrest have been informed and communicated not only to the accused/petitioners but also to his wife. He further submits that the arrest memo further indicates that the accused/petitioners have also been explained the grounds of their arrest and they have signed the same. He further submits that the requirement of furnishing the grounds of arrest in writing to the friends or relatives of the accused/petitioners is not a mandatory requirement. He however seeks a short accommodation to further advance his arguments in this regard. 5. I have heard the learned counsels for the parties. Page No.# 3/6 6. The petitioners had been arrested on 13.11.2024 at around 10:00 pm by Intelligence Officer of the Directorate of Revenue Intelligence (DRI), Aizawl due to the recovery of 7872 grams of Methamphetamine, concealed beneath the front passengers seat of Mahindra XUV 300 bearing registration No. AS-24- 2555, in which the petitioners were travelling. 7. The only issue is whether there has been a violation of Sections 47 and 48 of the BNSS, 2023, thereby violating Article 22(1) and Article 22(5) of the Constitution of India, wherein it is required that the grounds of belief for arresting an accused should be made known to the accused person. 8. The arrest memo of one of the petitioners is reproduced herein below:- “ARREST MEMO (To be prepared in duplicate) [Under Section 43(b) read with Sec 42 of NDPS Act, 1985] 1. Whereas, I have reason to believe that you, SHRI KHAPIL HUSSAIN, (25 years), Accused Person in DRI Seizure Case No. 08/CL/IMP/NDPS-METH/DRI-AZL/2024-25 dated 14.11.2024, S/o Kamal Uddin, Vill-Kanishail, Pt. II, P.O. Kanishail, Karimganj, Assam-788711 has committed an offence punishable under section u/s 22(c), 23 (c) & 29 of the ND&PS Act, 1985, as amended. 2. Brief facts of the case: Seizure of 7872 gm (Net Wt.) of Methamphetamine tablets from the possession of- (i) Khapil Hussain, (25 years), S/o Kamal Uddin (ii) Shri Azir Uddin, (28 years), S/o (L) Shri Abdul Malik (iii) Sabir Ahmed, (35 years), S/o Abdul Sukkur and (iv) Zakir Hussain (38 years), S/o (L) Saurab All, in DRI Seizure Case No. 08/CL/IMP/NDPS-METH/DRI- AZL/2024-25 dated 14.11.2024 for contravention of provisions of Sec. 8(c) of NDPS Page No.# 4/6 Act, 1985. The seized goods were transported in a used cement bag below the front passenger seat of the conveyance vehicle, Mahindra XUV 300 (Black colour) bearing Regn. No. AS-24D-2555 on 13.11.2024 and seizure was done at DRI office, Aizawl, at 01:15 AM on 14.11.2024. 3. List of evidences/circumstantial evidences: a) The seized 7872 gm (Net Wt.) of Methamphetamine tablets were recovered from their possession and transported in a used cement bag below the front passenger seat of the conveyance vehicle, Mahindra XUV 300 (Black colour) bearing Regn. No. AS- 24D-2555 on 13.11.2024. 4. I, Shyam Kumar Singh, Intelligence Officer, Office of the Assistant Director, DRI, Aizawl Regional Unit therefore, being duly authorized, hereby arrest you today at 07:00 AM on 14.11.2024 at DRI office, K. Lainghakliana Building, Near H.P. Petrol Pump Kulikawn, Aizawl, Mizoram-796005 under the powers vested in me under Section 43 (b) of NDPS Act, 1985. 5. Accordingly, Shri Khapil Hussain, (25 years), S/o Kamal Uddin, Vill- Kanishail, Pt. II, P.Ο. Kanishail, Karimganj, Assam-788711 has been placed under arrest and he has been explained the grounds of his arrest. He was also informed about his right to have someone informed about his arrest and Smt. Shamima Begum (his wife) has been informed about his arrest through mobile no.7896727250. Signature: Name: Shyam Kumar Singh Designation: Intelligence Officer 6. I have been explained the grounds of my arrest. The fact of my arrest has been witnessed by Shri Lalnunfela, s/o Shri Laltlanliana, r/o H. No. B-50, Model Veng, Khuangchera Section, Church Street, Aizawl, Mizoram-796005, Mobile: 7641026653. Page No.# 5/6 7. Particulars of the Person Arrested: Name Kaphil Hussain Sex Male Age About 25 years of age Height 166.5 Complexion Dark Eye Colour Black Length of the foot 9 inches Other distinguishable marks for identification Black mole on the right cheek Received copy of arrest Memo: Signature of the Arrestee: Thumb impression of the Arrestee: Counter Signature of Witness” 9. In the case of Vihaan Kumar (supra), paragraph No. 3 of the concurring Judgment of Justice N. Kotiswar Singh is to the following effect:- “Hence, the requirement of communicating the grounds of arrest in writing is not only to the arrested person, but also to the friends, relatives or such other person as may be disclosed or nominated by the arrested person, so as to make the mandate of Article 22(1) of the Constitution meaningful and effective failing which, such arrest may be rendered illegal.” 10. The issue is whether the grounds of arrest have been communicated to the friends and relatives of the petitioners, inasmuch as, the petitioners were arrested in Aizawl, while the relatives and friends of the petitioners are living in Page No.# 6/6 Karimganj, which is in a different State. The further question to be decided is whether the observation made by the Supreme Court, as indicated above is mandatory, keeping in view the facts as stated above. 11. At this stage, Mr. D. Hussain, learned counsel for the petitioners prays that he may be allowed to withdraw the petition and approach the Trial Court for bail, inasmuch as, Charge-sheet has been submitted during the proceedings of this case. 12. The prayer of the petitioners’ counsel is allowed, as the same is not objected by the learned Special Public Prosecutor. 13. The petition is dismissed as withdrawn, with liberty as prayed for. JUDGE Comparing Assistant