Page No.# 1/4 GAHC040007902025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/57/2025 Smti Rinita Narzary Basumatary Daughter of Shri Alen Narzary, resident of Joypur, Balijan, Sonitpur, Balijan Baruah, PO and PS Gohpur, Biswanath District, Assam VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Duyu Nimey, Hage Tai Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 02-06-2025 Heard Mr. D. Nimey, learned counsel for the applicant. 2. The present application has been instituted, praying for enlarging the accused, Lakshan Basumatari on bail in connection with the Doimukh P.S. Case No. 04/2025, under sections 20(c)/27A/29 of the NDPS Act, 1985. The accused was placed under arrest on 10.01.2025. 3. Mr. T. Ete, learned Additional Public Prosecutor for the State has produced Page No.# 2/4 the Case Diary of the Doimukh P.S. Case No. 04/2025 and the same has been perused by this Court. 4. It is stated at the Bar that the other accused persons have also approached this Court by way of instituting bail applications in the same very Doimukh P. S. Case No. 04/2025 and the coordinate Benches of this Court, noticing that the ground of arrest was not communicated to the accused persons at the time of their arrest and placing reliance on the decision of the Hon’ble Supreme Court in the case of Vihaan Kumar vs. State of Haryana and Anr, reported in (2025) SSC Online SC 269, had proceeded to grant bail to the said accused persons. Accordingly, similar order is prayed for to be issued in the present case. 5. The coordinate Bench of this Court in BA No. 44 (AP)/2025, vide order dated 08.05.2025, had enlarged Shri Babul Nath, a co-accused in Doimukh P. S. Case No. 04/2025, by recording the following observations. “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 Page No.# 3/4 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, 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. Be that, as it may, this Court has perused the materials available on record and taking note of the orders passed by a Co-ordinate bench of this Court in the same background and based on similar material, granting bail to the co- accused, this Court is of the opinion that parity demands that the petitioner shall also be granted bail. 7. Accordingly, the accused, namely, Shri, Shri Lakshan Basumatary shall be released on bail on personal bond in connection with Doimukh Police Station Page No.# 4/4 Case No. 04/2025 under Sections 20(C)/27(A)/29 of the NDPS, Act, 1985, subject to the following conditions: (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. 8. The Bail Application stands disposed of, accordingly. 9. Case Diary be returned. JUDGE Comparing Assistant