Page No.# 1/4 GAHC010165152025 2025:GAU-AS:16026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2437/2025 SATISH BARMAN S/O- LATE SADAGAR BARMAN. R/O- WARD NO. 2, SAPATGRAM, P.O. AND P.S.- SAPATGRAM, DISTRICT - DHUBRI, ASSAM, PIN - 783337. PERMANENT RESIDENT OF - R/O- LAMA PARA, PO - CHITHILA, P-S - FAKIRAGRAM, DIST. - KOKRAJHAR, ASSAM - 783346 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NARCOTICS CONTROL BUREAU (NCB) Advocate for the Petitioner : MR Z ALAM, MR. J. ISLAM,R ISLAM,MS. P. DAS,P ROY,MS. S NAZNEEN Advocate for the Respondent : SC, NCB, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.11.2025 Heard Mr. Z. Alam, learned counsel for the petitioner. Also heard Ms. M. Deka, learned counsel for the NCB. 2. By this application, the petitioner has prayed for bail in connection with NDPS Case No. 17/2024 corresponding to NCB Crime No. 13/2023 registered under Section 8(c)/22(c)/29 of the NDPS Act, 1985 pending before the learned Additional Sessions Judge, (FTC) No. 3, Kamrup (M) at Guwahati. 3. The facts of the case is that on a reliable information that two persons, one being the petitioner were coming from Silchar carrying a huge quantity of narcotics tablets, the Police Personnel stopped the vehicle being blue colour Maruti Baleno car bearing Registration No. AS 01 EV 8398 and on search being made, found packets of Methamphetamine tablets from the concealed place inside the vehicle. The said seizure was made in presence of two independent witnesses. The packets were opened and it was found that inside cream colour paper there were pink colour tablets believed to be Methamphetamine packed inside. The petitioner alongwith other were also apprehended from the spot. 4. Mr. Z. Alam, learned counsel for the petitioner had taken one ground for bail and that is non-compliance of Section 50 of the Cr.PC, which is now Section 47 of the BNSS, 2023. He has also placed the notice issued to the petitioner under Section 50 of the Cr.PC annexed as Annexure-2 to the petition. It is seen in the said notice that the petitioner was simply informed that he was arrested in connection with the case the number which was reflected in the notice and Page No.# 3/4 that the said case is non-bailable. The petitioner was also informed that he may submit petition before the Hon’ble Court for his bail and that he was forwarded to the Court. Apart from the said information, nothing was revealed to the petitioner. 5. Mr. Z. Alam, learned counsel for the petitioner relies on the Judgments of the Hon’ble Apex Court in the case of Vihaan Kumar Vs. State of Haryana, reported in 2025 SCC Online SC 269, as well as Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254, in which the Apex Court has made it clear that grounds of arrest and reasons of arrest are two different things and in the grounds of arrest, all necessary particulars have to be given to the accused. He submits that in the present notice, there are nothing except the case number and the information that he can submit before the Court for bail. 6. Ms. M. Deka, learned counsel for the NCB however submits that the petitioner was caught red-handed and that enough information was given to him and the petitioner knew about his rights as required under the law. She has placed an order of this Court passed in Bail Appln. No. 1660/2025, in which it was reflected that if enough information is given to the accused person, grounds of arrest in many words may not be necessary. 7. I have heard the learned counsels for the parties and have perused the materials available on record. 8. It is a settled position of law that violation of Section 50 of the Cr.PC or in other words violation of Article 22(1) of the Constitution of India vitiates the arrest and on that ground alone, bail can be granted. It is also held that if there is violation of the aforesaid provisions, the accused person has to be released Page No.# 4/4 forthwith without any delay. It is also noticed that the Hon’ble Apex Court has time and again held that the grounds of arrest which should include all the necessary particulars as to why the accused person was arrested and under what circumstances he was arrested has to be furnished to the accused person and in absence of the same, the arrest gets vitiated and the accused person has to be released forthwith. 9. In the instant case, it is seen that the petitioner was simply apprised of the case in which he was arrested and that it is non-bailable and that he can submit application for bail. Apart from that, no other particular as to why and under what circumstances the accused was arrested were furnished to him. 10. In view of the fact and in view of the law laid down by the Hon’ble Apex Court, this Court finds it fit to release the petitioner on bail in connection with NDPS Case No. 17/2024 pending before the learned Additional Sessions Judge, (FTC) No. 3, Kamrup (M) at Guwahati on furnishing bail bond of Rs. 50,000/- with 2 local sureties of the like amount to the satisfaction of the Additional Sessions Judge, (FTC) No. 3, Kamrup (M) under the following conditions:- 1. The petitioner will appear before the Trial Court as and when called for. 2. The petitioner will not leave his place of residence without the permission of the learned Court mentioned above. 3. The petitioner will not influence the witnesses which are connected with the instant case. 11. Accordingly, the Bail Application stands disposed of. JUDGE Comparing Assistant