Page No.# 1/5 GAHC010195382025 2025:GAU-AS:17020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2856/2025 BASANT THAKUR S/O BHAGIRATHI THAKUR RESIDENT OF MOREH WARD NO 2, GAMNOM VENG BIDHA PART III, TENGNOUPAL SUB DIVISION, DISTRICT CHANDEL, STATE MANIPUR, PIN 795131 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NCB, Advocate for the Petitioner : MR D MEDHI, MR K THAKUR,MR. S SARKAR Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 09.12.2025 1. Heard Mr. K. Thakur, learned counsel appearing for the accused petitioner as well as Ms. M. Deka, learned standing counsel, NCB. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Basant Thakur , praying for grant of bail in connection with NDPS Case No.77/2025 arising out of NCB Guwahati Crime No. 09/2024 under Section 8(C) RW Section 22(C)/29 of NDPS Act. Page No.# 2/5 3. The gist of the allegations is that on 26-09-2024, the NCB Guwahati, Zonal Unit seized 3.9 kgs of psychotropic substances in the nature of Methamphetamine tablets from a vehicle bearing registration No. WB-20- Z-6596 at VIP Road, Khanapara and that these drugs were seized from the conscious possession of one Noor Safi and Sharif Chesam. Accordingly, the case was registered and investigation started. During investigation, on the basis of voluntary statements of the aforementioned Noor Safi, Sharif Chesam and one Basant Thakur under Section 67 of the NDPS Act, the name of the present accused was revealed and upon an information that the present accused was present in a hotel in Guwahati, he was directed to appear before the I/O and tender his statement. 4. It is submitted by the Learned counsel that he is seeking bail on the ground of non compliance with the statutory notices under section 47/48 BNSS and also on the ground of parity as three other co-accused namely, Md. Nursafi and Sarif Chesam have been granted bail on such grounds vide orders dated 17.09.2025 passed in BA No. 415/2025 and order dated 23.10.2025 passed in BA No.3160/25 copies of the said orders have been placed before this Court. 5. The scanned record has been received. 6. The prosecution, representing the investigating agency NCB, has also filed an affidavit whereby the notice under Section 48 BNSS providing intimation of arrest to the relative/wife has been annexed. 7. The notice under Section 47 BNSS given to the present accused at the time of his arrest maybe reproduced here in below: “ You are hereby informed that your are arrested in connection with Page No.# 3/5 the above reference case and the case is non-bailable. So, you will be produced before the Hon’ble Court. You may submit petition before the Hon’ble Court for your bail.” 8. The memorandum of arrest given to the accused at the time of arrest is also reproduced herein below: “MEMORANDUM OF ARREST Ref. No:NCB Crime No: 09/2024 Dated:28.09.24 In connection with the recovery and seizure of 3.900 kg Methamphetamine Tablets from the vehicle bearing reg. no. WB 20Z 65 96 in the possession of Md. Nursafi, S/o-Md. Abdul Salam, R/o Sora Maning Leikai Sora, Kakching Sub Div, Thoubal, Kakching Bazar, Manipur-795103, & Sarif Chesam, S/o- Abdul Malik, R/o Sora Maning Leikai Sora, Kakching Sub Div, Thoubal, Kakching Bazar, Manipur-795103, at Khusi Motor Works, VIP Road, Chachal, Khanapara, Assam-781022 & based on voluntary statement recorded, u/s. 67 of NDPS Act, 1985, tandem & factum of the recovery and other facts, I hereby, place you i.e. Basant Thakur, age about 33 yrs, S/o- Bhagirathi Thakur, R/o- Morch Ward No. 2, Gamnom Veng Bidna Part-III, Tengnoupal Sub-Division, Chandel, Manipur- 795131, under arrest u/s. 8 (c) r/w 22 (c) & 29 of NDPS Act 1985, on dated 28.09.24 at 1100 hrs. at the office of NCB Guwahati Zonal Unit. You will be produced before the Ld Jurisdictional Court within twenty four hours.” 9. The notice/intimation of arrest providing intimation to the relative/wife may be reproduced here under:- “To, Sara Devi(w/o Basant Thakur) R/o- Moreh Ward No. 2, Gamnom Veng Bidna Part-III, Tengnoupal Sub-Division, Chandel, Manipur-795131 Sub: Intimation of arrestof Basant Thakur, S/o-Bhagirathi Thakur- reg: The Narcotics Control Bureau, Guwahati Zonal Unit, has Page No.# 4/5 arrested one person namely Basant Thakur, age about 33 yrs, S/o- Bhagirathi Thakur, R/o- Moreh Ward No. 2, Gamnom Veng Bidna Part-III, Tengnoupal Sub-Division, Chandel, Manipur- 79513, claiming to be your husband has been arrested on 28.09.2024. in connection with the seizure of 3.900 kgs of Methamphetamine tablets in connection with NCB Guwahati Crime no. 09/2024 dated 26.09.2024.” 10. Upon perusing these notices, I find that the notice under Section 47 BNSS is bereft of grounds of arrest. 11. However, the notice by way of intimation of arrest to the wife of the accused though has some grounds; but it merely states that he has been arrested in connection with the seizure of the contraband and does not mention whether the seizure is from the accused or from some other person. Therefore, it remains to be seen whether the said grounds will be sufficient. 12. On the other hand, the memorandum of arrest narrates some grounds. In a situation where sufficient grounds are enumerated in the memorandum of arrest furnished to the accused person perhaps that could perse constitute some substantial compliance with the requirement under section 47 BNSS. However, the precise outcome regarding any such compliance or otherwise will depend upon facts and circumstances of the case. 13. In this regard, a reference may be made to out Ashish Kakkar vs UT of Chandigarh reported in 2025 SCC online SC 1318. 14. The instant case, however, three of the co-accused have already been granted bail upon holding that notice under Section 47 BNSS which are similar or identical to the one in the instant case - would not satisfy Page No.# 5/5 the requirement under Article 22(1) of the Constitution of India and the laws laid down by the Hon’ble Supreme Court in the case of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana, reported in (2025) SCC Online SC 269. Therefore, in the given facts and circumstances, I am not inclined to depart from the aspect of parity with regard to the present accused vis-à-vis the other co-accused granted bail on similar grounds 15. Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs.1,00,000/- with two suitable sureties of like amount, one of which has to be from the State of Assam. Further the following conditions are imposed: (a) He shall not abscond; (b) He shall not misuse his liberty to indulge in any illegal activities including any activities of peddling narcotic drugs; (c) he shall not hamper or tamper with evidence in any manner; (d) he shall not intimidate or try to influence any witnesses. 16. In case of violation of any or more of the bail conditions, the prosecution would be at liberty to move an appropriate application before the learned Special Court or this Court 17. Accordingly, this bail application stands allowed and disposed of. JUDGE Comparing Assistant