Page No.# 1/4 GAHC040006282025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/44/2025 Smti Putali Nath Wife of Shri Babul Nath, resident of Borgholi, PO and PS Gohpur, Biswanath District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tabit Tapak, T Tabing,Bebeng Siboh,Aso Dalbong Advocate for the Respondent : P P of AP, -BEFORE- HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 08.05.2025 ORDER(ORAL) Heard Mr. T. Tapak, learned counsel for the accused petitioner and also heard Mr. T. Ete, learned Addl. PP for the State. 2. This is an application under Section 483 of the BNSS, 2023 filed by the applicant, praying for release of the accused, Shri Babul Nath, in connection with Doimukh Police Station Case No. 04/2025, under Sections Page No.# 2/4 20(C)/27(A)/29 of the NDPS, Act, 1985, who has been arrested on 10.01.2025. 3. An F.I.R. was filed on 10.01.2025 by ASI T. D. Goiba of Doimukh Police Station to the effect that at about 0930 hours, a reliable information was received regarding the movement of suspected smugglers transporting a significant quantity of cannabis, thereby reported that the smugglers were traveling from Kalaktang, West Kameng District, in 2 (two) vehicles, heading towards Doimukh via Kalaktang-Rupa-Seppa- Sagalee Road. Upon receiving the information, SDPO Doimukh Radhe Obing along with SI M. K. Rai, ASI T.D. Goiba (himself), SI Tage Saa, ASI M.A. Nur and the Police Station's ready party, immediately proceeded to the said road for interception. Accordingly, 2 (two) vehicles, namely, Maruti Ertiga bearing Registration No. AS-02AG-0992 and another Vehicle bearing Registration No. AS-32A-8655 were successfully intercepted at Sopo Village. The Maruti Ertiga vehicle was found carrying 26 (twenty-six) white plastic bags of suspected cannabis (Ganja), weighing total 134.45 kilograms. The suspected Cannabis (Ganja) was seized from the driver in the presence of an Executive Magistrate and independent witnesses. The driver, was identified as one Shri Lakshan Basumatary, thereafter, he was taken into custody. The other vehicle bearing Registration No. AS-32A8655 was found to be serving as an escort for transporting of the suspected Cannabis (Ganja). The 3 (three) occupants including the present accused were apprehended. It was stated that all the aforementioned individuals were suspected to be involved in smuggling of cannabis (Ganja) and Page No.# 3/4 accordingly, the suspected cannabis (Ganja) were seized along with the vehicles. 4. On receipt of the above F.I.R, a case has been registered being Doimukh Police Station Case No. 04/2025 under Sections 20(C)/27(A)/29 of the NDPS, Act, 1985. The accused was arrested on 10.01.2025 in connection with the above Doimukh P.S. case. 5. A co-ordinate bench of this Court in BA 34 (AP) 2025 filed by the co- accused, namely, Shri Dhan Sharmah taking note of the determination made by the Hon’ble Supreme Court in the case of Prabir Purkayastha- vs-State (NCT of Delhi); reported in (2024) 8 SCC 254 and in Vihaan Kumar-vs-Sate of Haryana and Anr.; reported in (2025) SCC OnLine SC 269 granted bail to the said co-accused, namely, Shri Dhan Sharmah who is an accused along with the petitioner in the same Police P.S. Case, more particularly, holding that the failure of the Police to furnish the grounds of arrest to the accused, is clear violation of Article 22 (1) of the Constitution of India, although offence alleged is serious as the same pertains to NDPS. 6. Mr. Tapak, learned counsel for the accused petitioner submits that the case of the accused petitioner is exactly similar to the aforesaid accused person rather he was the driver of the vehicle and he was not aware that Cannabis were in the said vehicle 7. Be that, as it may, this Court has perused the materials available on record and taking note of the order passed by a Co-ordinate bench of this Page No.# 4/4 Court in the same background and based on similar material, granted bail to the co-accused, this Court is of the opinion that parity demands that the petitioner shall also be granted bail. 8. Accordingly, the accused, namely, Shri, Shri Babul Nath shall be released on bail on personal bond in connection with Doimukh Police Station Case No. 04/2025 under Sections 20(C)/27(A)/29 of the NDPS, Act, 1985, subject to condition that:- (1) The accused petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and (2) The accused petitioner 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 him from disclosing such facts to the Court or to any police officer. (3) The accused petitioner shall not leave territorial jurisdiction of the Doimukh Police Station without prior permission from the Officer-in-Charge of Doimukh Police Station. 9. Bail Application stands allowed and disposed of. JUDGE