Page No.# 1/4 GAHC010236862025 2025:GAU-AS:15901 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3499/2025 TAHIR HUSSIAN LASKAR S/O- ANCHAR HUSSIAN LASKAR R/O. VILL-BANGRAM P.O. BHAGA BAZAR P.S. 11 DHOLAI, DIST- CACHAR, ASSAM PIN-788120 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR I RAFIQUE, N CHAKRABORTY,MS A AFREEN,MRS S A CHOUDHURY Advocate for the Respondent : PP, ASSAM, SC, NCB BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 21.11.2025 Heard Mr. I. Rafique, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Standing counsel assisted by Ms. M. Deka, learned counsel for the NCB. Page No.# 2/4 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Tahir Hussain Laskar, has prayed for bail in connection with NCB GZU Crime No. 08/2025 under Section 8(c) of NDPS Act, r/w Section 22(c)/29 of NDPS Act, 1985. 3. The case arose out of an FIR dated 12.07.2025. The gist of the allegation is that, based on an information, search was conducted in one platforms of Guwahati Railway Station and the present petitioner was allegedly found carrying Mehamphetamine tablets, as a passenger in Kanchanjunga Express. 4. The learned counsel for the petitioner submits that his main contention are that the notices under Section 47/48 BNSS are not duly complied, thereby violating the Constitutional provision and accordingly, the petitioner seeks bail on those grounds. 5. The case is stated to be at the stage of investigation and accordingly, the case diary was called for and the same has been received. 6. The learned Standing counsel, NCB submits that there is due compliance with regard to the notices under Section 47/48 BNSS and draws attention to the Court to the relevant documents available in the case diary. It is also submitted that the seizure witnesses have supported the seizure of the contraband from the accused at the place of occurrence. The investigation so far has revealed sufficient materials and investigation is still in the progress and the learned prosecution opposes the bail at this stage. 7. I have perused the relevant documents pertaining to Section 47/48 BNSS which may reproduced below – “Tahim Hussain Laskar, (Male) Age: 22 years S/O: Anchar Hussain Laskar Page No.# 3/4 Vill.: Bangram, PO: Bhanga Bazar PS:11 Dholai, Dist.: Cachar, Assam-788120 Case No. : NCB Guwahati Case No. 08/2025 U/S : 08(c)/22(c)/29 of the NDPS Act, 1985 Your are hereby informed that you are arrested in connection with the above reference case and violation of the NDPS Act in connection of seizure of 0.821 Kg of Methamphetamine tablets. The case is no-bailable. So, you will be produced before the Hon’ble Jurisdictional Court. You may submit petition before the Hon’ble Court for your bail. Signature of Arrestee Signature of Investigating Officer” 8. The aforesaid narration was also written in Hindi language and it has been submitted by the learned prosecution that these constituted grounds of arrest which were duly furnished to the petitioner. The purported signature of the accused/petitioner Tahir Hussain Laskar dated 12.07.2025 appeared in the said notice under Section 47 BNSS. 9. I have perused the notice under Section 48 BNSS which was given to Anchar Hussain Laskar, the father of the accused person. Another document dated 12.07.2025 is also available wherein stated about telephonic information to relative of the petitioner about this arrest. The said document bears the purported signature of the petitioner/accused on 12.07.2025. 10. Upon perusing the materials, I am of the considered view that there has been compliance with the requirement of notices under Section 47/48 BNSS. The alleged quantity of suspected substance prima facie falls in the bracket of commercial quantity, thereby inviting the rigor of Section 35 NDPS. 11. In view of the material revealed under; nature of alleged offences and Page No.# 4/4 fact that the investigation is in progress; it may no be prudent to grant bail to the accused/petitioner at this stage even, though he was arrested on 12.07.2025. 12. In such view of the matter, this bail petition is rejected at this stage. 13. Send back the case diary. JUDGE Comparing Assistant