Page No.# 1/4 GAHC010189432025 2025:GAU-AS:14368 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2752/2025 SANTOSH KUMAR S/O SH. CHANDRA KISHORE AWASTHI R/O VILL- JALALPUR TIWARI P.O. AND P.S. JAGDISHPUR DIST. AMETHI, UTTAR PRADESH. VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL,NCB Advocate for the Petitioner : MR. N J DUTTA, B AHMED Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 28.10.2025 1. Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Ms. M. Deka, learned standing counsel for NCB. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Santosh Kumar, who is in custody Page No.# 2/4 since 04.09.2021 and has prayed for grant of bail in connection with NDPS Case Case No. 47/2022 registered under Section 21(c)/29 of NDPS Act, 1985, corresponding to NCB Crime No.24/2021, pending before the Court of learned Additional Sessions cum Special Judge, No.5, Kamrup(M), Guwahati, at the stage of trial. 3. The learned counsel for the petitioner submits that he has a limited contention and drawing attention to the notice under 50 Cr.PC submits that considering the nature of the notice furnished in the instant case, bail may be sought for the accused in accordance with the settled law of the Hon’ble Supreme Court in the case of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254: (2024) SCC Online SC 934 and Vihaan Kumar Vs. State of Haryana and Anr., reported in (2025) 5 SCC 799: (2025) SCC Online SC 269. 4. In support of his contentions, he submits that a more recent decision of the Hon’ble Apex Court, delivered on 14.10.2025 in Ahmed Mansoor & Ors. Vs. the State in Criminal Appeal No.4505/2025 in which the Court has approved the principles laid down in Vihaan Kumar (Supra). 5. The notice under 50 Cr.PC is reproduced herein below- Shri : Santosh Kumar S/o : Sh. Chandra Kishore Awasthi Page No.# 3/4 Village : Jalalpur Tiwari Post Office: Jagdishpur Police Station : Jagdishpur Distt. : Amethi, Uttar Pradesh Case No. : 24/2021 U/S: 8 (C), 21(C) and 29 of NDPS Act. You are hereby informed that you are arrested in connection with the above reference case and the case is cognizable and non- bailable. So, you are forwarded to the Court. You may submit petition before the Hon'ble Court for your bail. 6. The learned prosecution refers to decision of Coordinate Bench of this Court rendered in the case of Chandra Joy Jamatia Vs. The Union of India in B.A No.1660/2025 and its order dated 16.10.2025. 7. It is contended that this Court applying the prejudice test had rejected the contentions regarding non-compliance with the notice under 50 Cr.PC in terms of Vihaan Kumar (Supra). 8. Nevertheless, in view of the reiteration in the recent decision of Ahmed Mansoor(Supra), I am inclined to hold that the aforesaid nature of the notice, even though it was issued in 2021 itself would not meet the standards stipulated in Vihaan Kumar (Supra) and Prabir Purkayastha (Supra) so as to meet the Constitutional mandate of the Article 22(1) of the Constitution of India. Thus, the accused is found to be entitled to bail and despite Page No.# 4/4 the existence of statutory bar, which is one of the principles laid down in Vihaan Kumar (Supra). 9. Accordingly, the above-named accused is allowed to go on bail of Rs.1,00,000/- (Rupees One Lakh) only with one surety of like amount subject to the satisfaction of the concerned learned court with following conditions: (i) That the accused shall be available for the trial; (ii) That the accused shall not commit any offence while on bail; (iii) That the accused shall not hamper or tamper any evidence; (iv) That the accused shall not indulge in any illegal activities. 10. Violation of bail conditions might entail cancellation of the bail. 11. With the above observations, this bail petition stands allowed and stands disposed of. JUDGE Comparing Assistant