Page No.# 1/4 GAHC010024162025 2025:GAU-AS:6430 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./353/2025 SRI MANOJ HALOI S/O BHAIRAB HALOI, RESIDENT OF VILLAGE-BARSARKUCHI, PS- NALBARI, DIST NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 21/05/2025 Heard Mr. B Chowdhury, learned counsel for the petitioner and Mr. K K Das, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Sri Manoj Haloi, son of Bhairab Haloi, resident of Village- Barsarkuchi, P.S. Nalbari, District-Nalbari, has filed this application under Section 483 of BNSS, 2023, on 06.02.2025, praying for his bail in Nalbari Police Station Case No. 420/2024 registered under Page No.# 2/4 Sections 20(c)/25/27 of the NDPS Act corresponding to G.R. No. 1154/2024, wherein he was arrested on 29.11.2024 and is in custody since then. 3. Mr. Das, learned Additional Public Prosecutor, Assam has placed the relevant case diary pertaining to Nalbari P.S. Case No. 420/2024 in original. 4. On the basis of a specific input on 28.11.2024 in the evening around 6:15 PM after making G.D. Entry No. 17 dated 28.11.2024, police personnel from Nalbari Police Station comprising a team searched the house of the petitioner in presence of the independent witnesses and found 35.613 kgs. of Ganja in 9 polythene bags from the conscious possession of the petitioner. Said suspected Ganja were seized and the petitioner was apprehended and brought to the Nalbari Police Station. Accordingly, the said FIR was registered as Nalbari P.S. Case No. 420/2024 under Sections 20(c)/25/27 of the NDPS Act corresponding to G.R. No. 1154/2024 against the petitioner. 4. The petitioner was arrested on 29.11.2024 and was produced before the learned Chief Judicial Magistrate, Nalbari on 29.11.2024 in said Nalbari P.S. Case No. 420/2024. 5. From the case diary, it is seen that on 28.11.2024 at night around 10:45 PM, the petitioner was arrested in presence of his wife, Smt. Ranju Haloi. 6. However, from the case diary, it is also seen that though Notice under Section 47 of BNSS was issued to the petitioner at the time of his arrest on 29.11.2024 that was accepted and countersigned by the petitioner himself, but the same is not in conformity with the provisions of Section 47 BNSS and the law laid down by the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha Vs. State (NCT of Delhi) reported in (2024) 8 SCC 254 and (ii) Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) SCC OnLine SC 269 and thereby violated the provisions of Article 22 of the Constitution of India. 7. Considering such materials in the case diary, the Court found that the petitioner is entitled for his bail in said Nalbari P.S. Case No. 420/2024. 8. Accordingly, the petitioner, namely, Sri Manoj Haloi, son of Bhairab Haloi, be released on bail in said Nalbari P.S. Case No. 420/2024 registered under Sections 20(c)/25/27 of the NDPS Act corresponding to G.R. No. 1154/2024, on furnishing a bail bond of Rs.2,00,000/- with 2 (two) local sureties each of the like amount, both of which should be permanent residents of District- Nalbari, to the satisfaction of the learned Special Judge (NDPS), Nalbari, subject to the conditions that Page No.# 3/4 the petitioner, named above – (i) shall appear before the Investigating Officer of said Nalbari P.S. Case No. 420/2024 as and when he is required for necessary investigation of said Nalbari P.S. Case; (ii) shall not leave the territorial jurisdiction of the Nalbari Police Station without obtaining prior written permission from the learned Special Judge (NDPS), Nalbari; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 or to any police officer; and (v) shall not involve himself in any criminal activities in future including possession or procurement, transportation and selling etc. of such NDPS items. 9. In the event charge-sheet is filed against the petitioner, he shall appear before the learned Special Judge (NDPS), Nalbari, in the concerned G.R. No. 1154/2024 arising out of Nalbari P.S. Case No. 420/2024 and shall obtain regular bail from the said Court. Thereafter, he shall appear before the learned Special Judge (NDPS), Nalbari on the dates the case is fixed, without fail till the conclusion of the trial of the case concerned. 10. It is also made clear that in the event of filing of Charge-Sheet against the petitioner in said Nalbari P.S. Case No. 420/2024 and the petitioner prays for regular bail before the said Court, the Court of learned Special Judge (NDPS), Nalbari shall be at liberty to consider such bail application of the petitioner in accordance with law, as it deems fit and proper, securing the presence/attendance of the petitioner during the trial of said Nalbari Police Station Case No. 420/2024 corresponding to G.R. No. 1154/2024 till its conclusion. 11. Violation of any of the aforesaid conditions by the petitioner, Sri Manoj Haloi, the bail granted to him in the aforesaid Nalbari P.S. Case No. 420/2024 shall stand automatically vacated. 12. It is observed that this order relates to bail of the accused petitioner, namely, Sri Manoj Haloi, in said Nalbari P.S. Case No. 420/2024 and not on merits of the case. 13. Petitioner, named above, in said Nalbari P.S. Case No. 420/2024 be released on bail Page No.# 4/4 accordingly, if he is not required in any other criminal case. 14. With the above observation and direction, this bail application of the petitioner, named above, stands disposed of. JUDGE Comparing Assistant