Page No.# 1/4 GAHC010021812025 2025:GAU-AS:4604 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./280/2025 ABDUL WAHAB S/OLT. SAMEJ UDDIN R/O 2 NO. DAKSHIN RANGAPANI, P.S. BOKO DIST. KAMRUP (R),ASSAM PIN-781127 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : RAFIKA HUSSAIN, J S AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.04.2025 1. Heard Mr. A.M. Bora, the learned Senior Counsel, assisted by Mr. J.S. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing for the State of Page No.# 2/4 Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Abdul Wahab, who has been detained behind the bars since 15.01.2025 in connection with Boko P.S. Case No. 23/2025 under Section 22(c) of NDPS Act, 1985. 3. The gist of the accusation in this case, is that, on 15.01.2025, one Porismita Rajkhowa, SI of police, had lodged an FIR before the Officer-In- Charge of Boko Police Station, inter alia, alleging, that on receipt of a information through reliable source, that the petitioner was supplying narcotic drugs and psychotropic substance like cough syrup, at Sontoli OP area, under Boko Police Station, a search team was conducted, and the house of the petitioner was searched. And during such operation, 23 nos. of bottles of cough syrup, containing codeine phosphate, was recovered therefrom. 4. The learned Senior Counsel for the petitioner, has submitted that, the petitioner has approached this Court, praying for bail, mainly on the grounds of violation of constitutional rights, under Article 22 of the Constitution of India, as well as other statutory rights under Section 47 of the B.N.S.S., 2023 and Section 52 of the NDPS Act, 1985 inasmuch as no grounds of arrest were furnished to the petitioner when he was arrested. 5. In this case, the State has submitted an affidavit, in pursuant to the directions of this Court, wherein, it is admitted by the State, that in the notice issued under Section 47, as well as 48 of the B.N.S.S., no grounds of arrest were mentioned therein. 6. I have considered the submissions made by the learned counsel for both the sides, and also gone through the materials available on record, including the copy of notice on the petitioner under Section 47 of the B.N.S.S., Page No.# 3/4 2023 on 16.01.2025, at the time of his arrest. 7. On perusal of the said notice, it appears that, apart from the police station case number, and the penal provisions involved in the case, i.e., 22(c) of the NDPS Act, 1985 no other information was furnished to the petitioner in the said notice. 8. The basic facts which necessitated the arrest of the petitioner in the said case were not stated in the said notice 9. In this case, admittedly, there is a violation of constitutional as well as statutory mandate of furnishing grounds of arrest to the petitioner at the time of his arrest, which vitiates the arrest of the petitioner, and therefore, the petitioner can no longer be detained behind the bars, and he is, therefore, entitled to get bail. 10. For the reasons discussed hereinabove, the petitioner is allowed to go on bail of Rs. 30,000, with one surety of like amount, subject to the satisfaction of the learned Special Judge, Kamrup (R) with following conditions:- i. That the petitioner shall cooperate in the investigation of the Karimganj P.S. Case No. 19/2024; ii. That the petitioner shall appear before the Investigating Officer of the Boko P.S. Case No. 23/2025 as and when so required by him for the sake of fair completion of the investigation; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Page No.# 4/4 Mobile Number, and other contact details to the Investigating Officer; v. That the petitioner shall not leave the jurisdiction of the Court of learned Special Judge, Kamrup(R) without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and vi. That the petitioner shall not commit any offence while on bail. 16. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant