Page No.# 1/5 GAHC010251212025 2025:GAU-AS:16965 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3687/2025 SHAJIDUL ISLAM ALIAS SHAJIDUL HAQUE SON OF ABDUL KADDUS ALIAS ABDUL KUDUSH, R/O- VILL PORABHARAL, P.O- SUKMANAH, P.S-PATACHARKUCHI, DIST- BAJALI, ASSAM, PIN-781316. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MR. M KALITA, MR. N M DAS,MR. J HATIMURIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 08.12.2025 Heard Mr M Kalita, learned counsel appearing for the petitioner. Also heard Mr K K Das, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner, namely, Shajidul Islam @ Shajidul Haque, in connection with Patacharkuchi PS Case No. 202/2025, under Section 21(b)/27A of the NDPS Act, 1985, who was arrested on 01.01.2025. Page No.# 2/5 3. The allegations leveled in the FIR lodged by one SI Jogendra Pathak of Bhawanipur Outpost is to the effect that on a search being made at the business premises of the accused/applicant herein, 25 grams of suspected heroin including the weight of 13 numbers of plastic vials was recovered. The petitioner was placed under arrest and the suspected articles were seized. The applicant was produced before the learned District ad Sessions Judge, Bajali, on 01.11.2025 itself, whereby police custody for 2 (two) days was sought for. The petitioner has been languishing behind bars since then. 4. By drawing the attention of this Court to the notice of information of ground of arrest under Section 47 of the BNSS, 2023, the learned counsel for the petitioner has submitted that the petitioner is an illiterate person, who had affixed his left hand thumb impression in the notice purported to have been served upon him, which notice is apparently in English. He has submitted that the notice of information of ground of arrest under Section 48 of the BNSS, 2023, served on the father of the petitioner was also in English, although neither the petitioner nor the father of the petitioner are conversant in English. He has further submitted that although the notice under Section 47 of the BNSS, 2023, contains a note that the accused has been informed about the ground of his arrest both in Assamese and Bengali, he has not been communicated the same in writing till today, not to speak of 2 hours prior to production for remand proceedings. The learned counsel for the petitioner has submitted that the lackadaisical attitude of the arresting authority would be evident from the fact that although the ground of arrest under Section 48 of the BNSS, 2023, was addressed to the father of the petitioner, in the note to the said notice, the arresting officer has stated that the mother of the accused person have been informed about the grounds of arrest in vernacular. Page No.# 3/5 5. The Case Diary had been called for by the order dated 17.11.2025 and 28.11.2025. The same has not been received till today. 6. The matter relates to the issue of restrictions on personal liberty of the arrested person, when allegations have been leveled that the accused petitioner or his family members were not informed about the grounds of arrest in writing in a language that he or they understand. The Apex Court in the case of Mihir Rajesh Shah –Versus- State of Maharashtra & Another; reported in 2025 INSC 1288, had held that if the arrestee is not informed of the grounds of arrest in writing in a language that he or she understands at least 2 hours prior to the production of the arrestee for remand proceedings, the arrest and the subsequent remand would be declared illegal and the person would be at liberty to be set at liberty. In the present case before us, the State has not produced any record to counter the claim of the petitioner. The quantity recovered from the petitioner is alleged to be 25 grams of heroin, along with the weight of the 13 plastic vials, and thus, if the weight of the vials are ignored, the quantity recovered from the petitioner would stand at an intermediate quantity. Since the quantity involved is apparently intermediate, the stringent rigours and twin conditions mandated under Section 37 of the NDPS Act are not applicable to the present case, and the bail application is to be considered based on general principles under the BNSS, 2023. 7. The petitioner is aged about 25 years, who has suffered about 38 days of incarceration. Although application of Section 27A of the NDPS Act, 1985, is alleged, no proceeds of crime as may be assumed to have been generated from the drug trade are described in the notices under Sections 47 and 48 of the BNSS, 2023. Page No.# 4/5 8. In such circumstances, this Court is of the opinion that the petitioner is entitled for the privilege of grant of bail in connection with Patacharkuchi PS Case No. 202/2025, and accordingly, directs that the petitioner, namely, Shajidul Islam @ Shajidul Haque, Son of Abdul Kaddus @ Abdul Kudush, resident of Village- Porabharal, P.O.-Sukmanah, P.S.-Patacharkuchi, District- Bajali, Assam, PIN- 781316, shall be set at liberty on furnishing a bail bond of Rs. 25,000/-, with two sureties of the like amount to the satisfaction of the learned District and Sessions Judge, Bajali Court, Bajali, Assam, in connection with the aforesaid case, under the following conditions that:- i. he shall appear before the Investigation Officer of said Patacharkuchi PS Case No. 202/2025, as and when he is required for necessary investigation; ii. he shall not leave the territorial jurisdiction of Patacharkuchi Police Station, without obtaining prior written permission from the concerned Investigation Officer of the case; iii. he shall not hamper with the investigation, or tamper with the evidence of the case; iv. he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer; and v. he shall not involve himself in any criminal activities in future. 9. It is further provided that the petitioner shall co-operate with the investigation and shall not try to influence the witnesses or tamper with the evidence. It is also provided that the petitioner shall not leave the District Page No.# 5/5 without prior permission of the District and Sessions Judge, Bajali Court, Bajali, Assam. 10. It is further provided that the prosecution may move an application for remand or custody, if it is revealed that the petitioner and/or his family had been informed about the grounds of arrest in writing in their language understood by them prior to their production on remand. 11. The Bail Application stands disposed of. JUDGE Comparing Assistant