Page No.# 1/4 GAHC040007112025 2025:GAU-AP:611 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : BA/49/2025 Smti Arsana Narzary Wife of Shri Prabin Narzary, resident of No.1 Sanarijan, Sonapur, PO Sonapur, PS Gohpur, Biswanath District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Duyu Nimey, Hage Tai,Tailang Laji Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 21-05-2025 Heard Mr. Duyu Nimey, learned counsel for the applicant. I have also heard Mr. T. Ete, learned Additional PP for the State of AP. 2. By filing this application under Section 483 of the BNSS, 2023, the petitioner prays for release of the accused, Prabin Narzary, who has been arrested on 10.01.2025 in connection with Doimukh PS case no. 04/2025 under Page No.# 2/4 section 2 (c)/27A/29 of NDPS Act, 1985. 3. The fact of the case is that on 10.01.2025, a written FIR was lodged 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 along with SI and the informant himself and other 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) were 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 accordingly, the suspected cannabis (Ganja) were seized along with the vehicles. 4. On receipt of the above F.I.R, was registered being Doimukh Police Station Case No. 04/2025 under Section 20(C)/27(A)/29 of the NDPS, Act, 1985. The Page No.# 3/4 accused persons including the present accused were accordingly arrested. 5. The learned counsel for the parties submitted that the 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-State of Haryana and Anr; reported in (2025) SCC OnLine SC 269 granted bail to the co-accused, namely, Shri Dhan Sharmah who is an accused along with the present accused in the same Police station 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 case. 6. Based on the above bail granted to the co-accused Shri. Dhan Sharmah, 2 (two) more accused persons namely Shri. Shiba @ Siba Das in BA/43/2025 and Shri. Babul Nath in BA/44/2025 were granted bail on the same grounds and on parity. 7. Mr. D. Nimey, learned counsel for the petitioner submits that the case of the accused in the present case is exactly similar to the aforesaid accused persons and on the ground that no any contraband materials were recovered from his possession and in fact, he was not aware that any cannabis were in the said vehicle. 8. Be that, as it may, this Court perused the materials available on record and taking note of the order passed by a Co-ordinate bench of this Court in the same background and based on similar material, granted bail to the co-accused, Page No.# 4/4 this Court is of the opinion that parity demands that the accused should also be granted bail. 9. Accordingly, the accused, namely, Shri. Prabin Narzary, is directed to be released on bail on execution of a 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 the conditions that: - (i) The accused shall cooperate and appear before the IO of the case as and when called for. (ii) The accused shall not hamper or tamper with the evidence(s) of the case in any manner. (iii) The accused 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. (iv) The accused shall not leave the territorial jurisdiction of the Doimukh Police Station without prior permission from the Officer-in-Charge of Doimukh Police Station. 10. With the above, this Bail Application stands allowed and disposed of. JUDGE Comparing Assistant