Page No.# 1/4 GAHC010246372025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3667/2025 MUJAFER HUSSAIN AND ANR SON OF ABDUL HAKIM R/O VILL- MOIJANG, LAMKHAI P.S. THOUBAL, PIN-795128 DIST. THOUBAL, MANIPUR. 2: MD. ACHOUBA S/O KAYANUDDIN RESIDENT OF VILL- THANGKANPHAI KEIRAO MAKHTING MAKHA LEIKAI DIST. IMPHAL EAST MANIPUR PIN-795118 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. A. MEDHI, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 11.12.2025 Heard Ms. A. Medhi, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. PP for the State. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail in respect of the accused/petitioners namely i) Md. Mujafer Hussain and ii) Md. Achouba in connection with Dillai P.S. Case No. 40/2025 and punishable under Sections 21(c), 25, 29 of NDPS Act, 1985. 3. The earlier bail application being Bail Application No. 2718/2025 on behalf of the present petitioners was rejected by this Court by Order dated 17.10.2025. 4. The case of the petitioners is that on 31.07.2025, Munmi Chutia lodged a written FIR at Dillai PS to the effect that on 30.07.2025, while conducting routine Naka checking at NH 29 Dillai Tiniali at about 10 P.M, one white Swift vehicle bearing registration No. WB02AG 9632 which was moving towards Manja from Dimapur side was signalled to stop. Accordingly, the driver of the vehicle stopped for checking and while checking, it was suspected that there might be some narcotics concealed inside the vehicle. Then, the matter was informed to SSP, Karbi Anglong and SDPO Bokajan gave authorization to WSI (P) Munmi Chutia for conducting search and seizure of narcotic psychotropic's substances if found. After sometime, DYSP (P) Shri Arup Baishya, APS and staff arrived at the Naka checking and in the presence of DYSP and Independent witnesses, the vehicle was searched thoroughly. During the search, two packets of muddy colour powdery substance suspected to be morphine were recovered weighting total of 2.127 Kg which was kept concealed in between the fuel tank and upper body inside one torn tube. The recovered substances were tested with the help of DDT kit and found positive for morphine. After that recovered substances were seized, packed and sealed in the presence of independent witnesses and the driver and accompanied persons were apprehended namely 1. Achouba, son of Kayam Uddin, resident of Keitao Makhting Leikai, P.S. Irilbung, District Imphal East, Manipur and 2. Md. Mujafer Hussain, son of Abdul Hakim, resident of Moijing Lamkhai, P.S. and District Thoubal, Manipur. 5. The petitioners were produced before the Court of Judicial Magistrate First Page No.# 3/4 Class, Bokajan, Assam on 31.07.2025 and forwarded to judicial custody and since that day, they are in judicial custody. 6. It is submitted on behalf of the petitioners that the petitioners are innocent and have been arrested merely on suspicion and they were not aware of the presence of contraband in the secret chamber of their vehicle. It is further submitted that the arresting authority has not furnished any notice under Section 48 of the BNSS, intimating the grounds of arrest to the relatives/friends of the accused persons and further, the Arrest Memo also does not bear the signature of any of the family members of the accused persons which indicates that they were not aware of the grounds of arrest. 7. The learned counsel for the petitioners has placed reliance on the decision of the Hon'ble Supreme Court in Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) 5SCC 799, to submit that non-furnishing of grounds of arrest to the family members/friends etc., of the arrested accused person in writing vitiates the arrest and therefore, the petitioners are entitled to be released on bail. The learned counsel has also relied on several other decisions of this Court wherein the petitioners had been granted bail due to violation of the provisions of Section 48 of the BNSS and non-compliance with the directions of the Hon'ble Supreme Court in Vihaan Kumar (supra), as well as other connected decisions. 8. Per contra, the learned Addl. Public Prosecutor has submitted that the petitioners had been made fully aware of the grounds of their arrest as would be apparent from the notices under Section 47 of the BNSS issued to the petitioners and moreover, W.T. Message was also sent on 31.07.2025, stating the ground of arrest to the jurisdictional Police Station i.e., Irilbong and Thoubal in the State of Manipur. 9. It is further submitted by the learned Addl. PP that no new ground has been raised in the present bail application and all the arguments advanced by learned counsel for the petitioners have been dealt with in the earlier order rejecting the prayer for bail. 10. Learned counsel for the petitioners has hammered on the issue of non- furnishing of ground of arrest to the relatives of the petitioners and upon a perusal of the order dated 17.10.2025 passed in Bail Appl. No. 2718/2025, it is discernable that all the issues being presently raised were raised earlier also and the same had been dealt with in the said order. Further, in course of hearing, no new facts or points of law has been brought out warranting departure from the Page No.# 4/4 earlier order passed by this Court and this Court cannot be expected to give a finding of different from its earlier one on the same set of facts and circumstances. 11. Having regard to the above, I do not find any merit in the present Bail Application and the same is accordingly dismissed. JUDGE Comparing Assistant