Page No.# 1/6 GAHC010018082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./259/2025 MD IQBAL S/O ABDUL SAMAD R/O LILONG USOIPOKPI MAKHA, PS LILONG, DIST. THOUBAL, MANIPUR, PIN 795130 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R SEKHAR, SABNAM AHMED,MR. B D CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 11.04.2025 Heard Mr. R. Sekhar, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. By this second bail application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Md. Iqbal, has Page No.# 2/6 prayed for bail in connection with NDPS Case No. 33/2023 (arising out of Khatkhati P.S. Case No. 15/2023) under Section 21(c)/29 of NDPS Act, pending in the court of learned Special Judge, NDPS, Karbi Anglong, Diphu, Assam. 3. The prosecution case, in brief, is that on 02.02.2023, an FIR has been lodged before the Officer-in-Charge of Khatkhati Police Station, alleging inter alia that an information was received from a reliable source on 19.02.2023 that a large quantity of suspected narcotic substances i.e. brown sugar/heroin etc. would be transported in a truck bearing Regd. No. NL-01-AD-8728 from Manipur to Bokajan. Accordingly a GD Entry was made and immediately a special Naka checking was placed on NG-39 near SBI Khatkhati Branch and the aforesaid vehicle was intercepted. During search, four packets of suspected heroin weighing about 4.109 kg were recovered from inside the hidden chamber of the cabin of the truck. Accordingly, a case was registered. 4. The learned counsel for the petitioner has submitted that the petitioner is no way involved in the alleged offence. It is also submitted that the accused/petitioner has been languishing in judicial custody for more than two years since his arrest on 20.02.2023. Out of seven witnesses, only one witness is examined in the case. 5. It is further submitted that the petitioner is a driver by profession and he has no knowledge about the carrying of narcotic item in the said truck. It is an admitted fact that the other co-accused i.e. Md. Abdul Gani stated before the police that the petitioner is involved in the alleged drug trafficking. 6. The learned counsel for the petitioner has further contended that at the time of arrest, the police has not complied with the requirements of the provisions of Section 50 Cr.P.C. (Section 47 of BNSS) and has not communicated Page No.# 3/6 the grounds of arrest to the accused nor there has been compliance of the provisions of Section 50-A Cr.P.C. (Section 48 of BNSS). Therefore, in view of the mandate of the Hon’ble Supreme Court, the arrest of the accused is illegal and stands vitiated and he should be released on bail. In support of his submission, learned counsel for the petitioner has referred the bail application of the co-ordinate Bench vide BA/4037/2023. 7. Per contra, Mr. Kaushik, learned Additional Public Prosecutor for the State has submitted that commercial quantity of contraband items were recovered from the conscious possession of the petitioner. As the commercial quantity of contraband items are involved in the instant case as such, the embargo under Section 37 of NDPS Act will come into play. Hence, the Additional Public Prosecutor has opposed in granting bail to the petitioner. However, learned Additional Public Prosecutor has admitted that the grounds of arrest have not been mentioned in the arrest memo or the Section 50 notice issued to the petitioner. 8. I have considered the submission of the learned counsel for the parties and I have also perused the trial court record. 9. Section 47 of BNSS (Section 50 Cr.P.C)- Person arrested to be informed of grounds of arrest and of right to bail.-(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. 10. Section 48 of BNSS (Section 50A Cr.P.C.)- Obligation of person making arrest to inform about arrest, etc., to relative or friend- (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the Page No.# 4/6 information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district. 11. In the case of Vihan Kumar vs. State of Haryana, reported in 2025 SCC Online SC 269, wherein the Hon’ble Apex Court has referred the case of Pankaj Bansal, (2024) 7 SCC 576 and the case of Prabir Purkayastha (Supra) and the Court held as follows – “28. The language used in Article 22(1) and Article 22(5) of the Constitution of India regarding the communication of the grounds is exactly the identical. Neither of the constitutional provisions require that the “grounds” of “arrest” or “detention”, as per the case may be, must be communicated in writing. Thus, interpretation to this important facet of the fundamental right as made by the Constitution Bench while examining the scope of Article 22(5) of the Constitution of India would ipso facto apply to Article 22(1) of the Constitution of India insofar as the requirement to communicate the grounds of arrest is concerned. 29. Hence, we have no hesitation in reiterating that the requirement to communicate the grounds of arrest or the grounds of detention in writing to a person arrested in connection with an offence or a person placed under preventive detention as provided under Article 22(1) and Article 22(5) of the Constitution of India is sacrosanct and cannot be breached under any situation. Non- compliance of this constitutional requirement and statutory mandate would lead to the custody or the detention being Page No.# 5/6 rendered illegal, as the case may be.” 12. Coming to the case in hand, notice issued to the petitioner under Section 50 Cr.P.C vide Khatkhati P.S. Case No. 15/2023 which is reproduced below- “You are hereby informed of your arrest in connection with the below referred case/circumstances. The case is non-bailable to Police. Singanture of Arrest Person- Md. Iqbal Signature of the Arresting officer- SI Ramen Bordoloi Police Station- Khatkhati Date & Time- 21.02.2023 11-10 Am” 13. From the aforesaid particulars, as mentioned in Section 50 Cr.P.C. notice, it does not disclose any grounds of arrest being informed to the petitioner or his relative in connection with Khatkhati P.S. Case No. 15/2023. 14. Situated thus, the settled principle of law is that an arrested person must be informed of the grounds for his arrest and detention which is mandatory in nature. Article 22 safeguards the individual against arbitrary arrest and detention. It ensures that no person can be arrested or detained without being informed of the grounds for such arrest or detention. In the instant case, there is no reflection in Section 50 Cr.P.C. notice served to the petitioner vide dated 21.02.2023 that the accused petitioner was informed about the grounds for his arrest in connection with Khatkhati P.S. Case No. 15/2023. Under such backdrop, this Court by following the observation of the Hon’ble Supreme Court as above, is inclined to grant bail to the petitioner. 15. Accordingly, the petitioner, named above, shall be released on bail in Page No.# 6/6 connection with NDPS Case No. 33/2023 (arising out of Khatkhati P.S. Case No. 15/2023) under Section 21(c)/29 of NDPS Act, on furnishing bail bond of Rs.1,00,000/- (Rupees One Lakh only) with two suitable sureties of the like amount, out of which, one of the sureties should be a Government employee of the State of Assam, to the satisfaction of learned Special Judge, NDPS, Karbi Anglong, Diphu, Assam. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge, NDPS, Karbi Anglong, Diphu, Assam without prior written permission from him/her; (b) shall regularly attend the trial court and cooperate with the court for early disposal of the trial; and (c) 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. 16. It is pertinent to mention here that the findings of this court that the arrest of the petitioner stands vitiated will not affect the merits of the pending case. 17. The bail application is disposed of accordingly. JUDGE Comparing Assistant