Page No.# 1/4 GAHC010213512025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3132/2025 JAINUL HUSSAIN LASKAR SON OF LATE MONIRUDDIN LASKAR R/O BERENGA PART-IV, P.S. SILCHAR DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. A UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 24.10.2025 Heard Mr. B. Chowdhury, learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the state respondent. 2. By invoking the provisions of Section 483 of the BNSS, 2023 the accused Page No.# 2/4 petitioner Jainul Hussain Laskar is seeking bail in connection with Silchar P.S. Case No.457/2025 (G.R. Case No. 784/2025) registered under Sections 21(b)/22(c)/25/29 of the NDPS Act, 1985. 3. The accused is stated to have been arrested on 28.04.2025. 4. The case arose out of an FIR dated 28.04.2025, wherein it is alleged that based on source information, a checking was laid and a vehicle in the nature of Truck bearing Registration No.AS11FC-7989 was searched and upon searching the same, contraband in the nature of orange colour powder substances suspected to be heroin weighing 114 grams were found in the vehicle. 20,000 (twenty thousand) suspected Yaba Tablets (psychotropic substances) were also found. Apart from that, some electronic items in the nature of mobile phones were recovered. 5. The learned counsel for the petitioner draws my attention to the notices under Sections 47/48 of the BNS, 2023 in the backdrop of the law laid down in the case of Vihaan Kumar –Vs- State of Haryana and Anr. (2025 SCC Online SC 269). 6. It is submitted that the notice under Section 48 of the BNS, 2023 was conveyed to the family member of the accused in English language, though she has only put her thumb impression therein. It is submitted that the charge sheet has already been submitted in the case and the period of under trial detention has already elapsed. 7. On the other hand, learned Additional P.P. referring to the relevant portion of the scanned case record received, submits that the notice under Section 47 of the BNS, 2013 is accompanied by the grounds of arrest mentioned therein. He further submits that the same would suffice the stipulations of law laid down Page No.# 3/4 by the Hon’ble Supreme Court in the case of Vihaan Kumar (supra). 8. With regard to the notice under Section 48A of the BNS, 2023, it is submitted by the prosecution that the same also contains the detailed grounds of arrest, though the same is admittedly in English language. However, the prosecution has drawn the attention of the Court to the order dated 28.04.2025 passed by the learned Court below, wherein it has been stated that the accused person has stated before the said learned Court below that the grounds of arrest have been conveyed to his family member. 9. I have perused the notice under Section 48 of the BNS, 2023 and considered the contentions of both sides. I agree with the contention of the prosecution that there is no infirmity in the notice under Section 47 of the BNS, 2023. As regards the notice under Section 48 of the BNS, 2023, admittedly the same contains the grounds of arrest like the other notices, but it is also in English language. In the notice under Section 47 of the BNS, 2023, the I.O. has made an endorsement that the grounds of arrest were explained to the family member of the accused. Such an endorsement was not present in the notice under Section 48 of the BNS, 2023. However, the learned Magistrate in the order dated 28.04.2025 has clearly indicated from the statement of the accused that his relatives have been properly informed regarding the grounds of arrest. 10. Therefore, I am of the considered view that there has been compliance of Section 48 of the BNS, 2023. 11. In the instant case, as the quantity of the contraband in question falls in the bracket of commercial quantity, therefore the applicability of the rigors of Section 47 of the BNS, 2023 has to be seen. In this regard, learned Additional P.P. submits that the present petitioner was also present in the vehicle when the Page No.# 4/4 contraband was seized and drew my attention to the seizure witnesses. 12. I have perused the statement of the seizure witnesses available in the scanned copy of the case diary. 13. Both the seizure witnesses have stated about witnessing of the seizure of the contraband in their presence from the vehicle in which both the accused persons including the present accused were also present. 14. In the backdrop of the aforesaid materials with regard to the seizure of the contraband, this Court is unable to come to a considered finding to say that on the basis of the materials there are no reasonable ground for holding that the accused person is not guilty. 15. Consequently, the rigors of Section of 37 of the NDPS Act would be attracted to the petitioner and this Court would be statutorily barred from granting bail to the accused. 16. Accordingly, in the facts and circumstances and in the backdrop of the above discussions, the instant bail petition is rejected at this stage and stands disposed of. 17. Return the case diary. JUDGE Comparing Assistant