Page No.# 1/3 GAHC040018182025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./246/2025 Smti Munu Sharma Wife of Shri Binod Sharma, Village 2 No. Parbotipur, PO Merbil, PS Laluk, Lakhimpur District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Gautam Phukan, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 13-11-2025 Heard Mr. G. Phukan, learned counsel for the petitioner. Also heard Ms L. Hage, learned Additional Public Prosecutor for the State. 2. Ms L. Hage, learned Additional Public Prosecutor for the State fairly submits that upon instruction that in proceeding pertaining to cancellation of bail, the accused was not noticed. Page No.# 2/3 3. It is well settled that once a person is granted bail, cancellation thereof leading to curtailment of liberty is undoubtedly a serious matter and the principles of natural justice have to be read into such a process. Otherwise, there might be violation of constitutional values under Article 21 as well. 4. I have perused the order dated 28.08.2025 passed by the learned Special Judge (NDPS), Yupia. From the order also, especially para-2, no any notice of hearing of the accused is revealed. Thus, in the instant case, the cancellation of the bail of the accused was not as per proper procedure and by complying with the principles of natural justice which required giving an opportunity to the accused to explain as to why his bail should not be cancelled, as prayed for by the prosecution. Accordingly, the said order dated 28.08.2025 passed by the learned Special Judge (NDPS), Yupia, is hereby set aside and quashed. 5. The learned Additional Public Prosecutor also submits that upon interference with the impugned order, the matter be remanded back for noticing the accused and that at this stage, accused should not be released on bail. 6. Consequent to such interference with the impugned order dated 28.08.2025 passed by the learned Special Judge (NDPS), Yupia, in exercise of power under 528 BNSS, 2023 read with Section 483 BNSS, the accused is allowed to go on a bail of Rs.30,000/-with one surety of like amount to the satisfaction of the learned Sessions Court, Yupia, subject to Page No.# 3/3 the following conditions: 1) That the accused shall appear before the learned court below on the next date fixed i.e. on 17.11.2025 and subsequent dates; 2) That the accused shall not hamper or tamper with the evidence. 3) That the accused shall not try to influence or threat anyone in connection with the case in any manner. 7. The learned trial court is at liberty to issue a notice to the accused, and after conducting hearing, adjudicate the issue of cancellation of his bail or otherwise with regard to NDPS Case No.11/2025. 8. The instant criminal petitioner stands allowed and disposed, in the aforesaid terms. JUDGE Comparing Assistant