Page No.# 1/5 GAHC010024392025 2025:GAU-AS:6429 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./346/2025 SOFIUR ISLAM AND 3 ORS S/O AYNAL HOQUE , VILLAGE AMUGURI, P.S BIJNI, DISTRICT CHIRANG, ASSAM, 2: NUR ALOM SHEIKH S/O KUDDUCH ALI R/O BIJNIGAON P.S BIJNI DISTRICT CHIRANG ASSAM 3: SANOWAR RAHMAN MANDAL S/O DOULAT MANDAL VILLAGE PURANA BIJNI P.S BIJNI DISTRICT CHIRANG ASSAM 4: CHANOWAR HUSSIAN MANDAL S/O HARUN RASHID VILLAGE BHANDARA NO. 2 P.S MANIKAPUR DISTRICT BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Page No.# 2/5 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I A HAZARIKA,B BARMAN,MR. H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 21/05/2025 Heard Mr. H R A Choudhury, learned Senior counsel assisted by Mr. H Ali, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioners, namely, (1) Sofiur Islam, son of Aynal Hoque, resident of Village-Amuguri, P.S. Bijni, District-Chirang, (2) Nur Alom Sheikh, son of Kudduch Ali, resident of Bijnigaon, P.S. Bijni, District-Chirang, (3) Sanowar Rahman Mandal, son of Doulat Mandal, resident of Village-Purana Bijni, P.S. Bijni, District-Chirang and (4) Chanowar Hussain Mandal, son of Harun Rashid, resident of Village-Bhandara No. 2, P.S. Manikpur, District-Bongaigaon, have filed this application under Section 483 of BNSS, 2023, on 06.02.2025, praying for their bail in Special (NDPS) Case No. 07/2025 arising out of North Guwahati Police Station Case No. 173/2024 registered under Sections 21(C)/29 of the NDPS Act corresponding to G.R. No. 1541(K)/2024, wherein they were arrested on 28.12.2024 and are in custody since then. 3. Initially, at the time of filing of this bail application, the petitioners contended that considering their length of detention since 28.12.2024, they should be considered for bail in said Special (NDPS) Case No. 07/2025 arising out of North Guwahati P.S. Case No. 173/2024. 4. By filing an additional affidavit on 16.05.2025, the petitioners submitted that at the time of their arrest on 28.12.2024, police personnel from North Guwahati Police Station did not comply with the provisions of Sections 47 & 48 of the BNSS, 2023 and thereby violated the provisions of Article 22 of the Constitution of India. 5. In support of their case, the petitioners relied on the decisions of 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. Page No.# 3/5 6. Perused the records of Special (NDPS) Case No. 07/2025 along with the records of North Guwahati P.S. Case No. 173/2024 that were called for by order dated 13.02.2025. 7. As per the FIR dated 28.12.2024 on the basis of a specific input on 27.12.2024 at night that some lower Assam based peddlers had received narcotics consignment from Dimapur and transporting it to some other place in the State in a White Bolero, the police personnel from North Guwahati Police Station comprising a team set up a Naka checking near Hajo Chowk flyover (near the Army Camp). Getting the wind of presence of the police personnel, the peddlers fled towards Paltan Bazar side and parked the vehicle inside the premises of Hotel Chirom Palace, Guwahati so that the vehicle could not be detected by police. The police personnel from North Guwahati Police Station along with others found the present accused petitioners occupying Room Nos. 309 and 207 of Hotel Chirom Palace along with the said white Bolero vehicle bearing registration No. AS-01-FZ-7976. During search, 32 soap boxes with packets inside it suspected to be Heroin in total weighing about 368 gms. were recovered from the conscious possession of the petitioner, i.e., back side of a blue bag which were accordingly seized and the petitioners were apprehended. Accordingly, Special (NDPS) Case No. 07/2025 arising out of North Guwahati P.S. Case No. 173/2024 under Sections 21(C)/29 of the NDPS Act corresponding to G.R. No. 1541(K)/2024 was registered. 8. On perusal of the case record, it is seen that the FSL report dated 28.03.2025 confirmed the seized substances recovered from the conscious possession of the petitioners to be Heroin, a scheduled NDPS item. 9. On completion of the investigation, police submitted the charge-sheet in said North Guwahati Police Station Case No. 173/2024 on 05.04.2025 vide Charge-Sheet No. 25/2025 under Sections 21(C)/29 of the NDPS Act against the petitioners. Thereafter, the said North Guwahati P.S. Case No. 173/2024 was re-registered as Special (NDPS) Case No. 07/2025 before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon. 10. After filing of the charge-sheet on 05.04.2025, the learned Special Judge (NDPS), Kamrup at Amingaon on 09.04.2025 took cognizance of the offences under Sections 21(C)/29 of NDPS Act against the petitioners. 11. From the records of the case, it is seen that though Notices under Section 47 of BNSS have been issued to the petitioners at the time of their arrest on 28.12.2024 that were received by the accused petitioners by giving their signatures, but on perusal of the same, it is seen that those are not Page No.# 4/5 in conformity with the provisions of Section 47 of the BNSS, 2023 as well as the law laid down by the Hon’ble Supreme Court in the cases of (i) Prabir Purkayastha (Supra) and (ii) Vihaan Kumar (Supra) and thereby violated the provisions of Article 22 of the Constitution of India. 12. It is also seen that Notices under Section 48 of BNSS have not been issued to the accused petitioners by the authorities of North Guwahati Police Station as required under the law, while arresting them on 28.12.2024 in said North Guwahati P.S. Case No. 173/2024. 13. Considering such materials in the case records, the Court found that the petitioners are entitled for their bail in said Special (NDPS) Case No. 07/2025 arising out of North Guwahati P.S. Case No. 173/2024. 14. Accordingly, the petitioners, namely, (1) Sofiur Islam, son of Aynal Hoque, (2) Nur Alom Sheikh, son of Kudduch Ali, (3) Sanowar Rahman Mandal, son of Doulat Mandal and (4) Chanowar Hussain Mandal, son of Harun Rashid, be released on bail in said Special (NDPS) Case No. 07/2025 arising out of North Guwahati P.S. Case No. 173/2024 registered under Sections 21(C)/29 of the NDPS Act corresponding to G.R. No. 1541(K)/2024, on furnishing a bail bond of Rs.2,00,000/- each, with 2 (two) local sureties each of the like amount, one of which shall be a Government Employee, either Central or State Government, permanently serving in the State of Assam, to the satisfaction of the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon, subject to the conditions that the petitioners, named above – (i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 07/2025; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon in said Special (NDPS) Case No. 07/2025 and shall co-operate with the said Special Court during the trial of the said case till its disposal; (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 Page No.# 5/5 (v) shall not involve themselves in any criminal activities in future; 15. Violation of any of the aforesaid conditions by the petitioners, (1) Sofiur Islam, (2) Nur Alom Sheikh, (3) Sanowar Rahman Mandal and (4) Chanowar Hussain Mandal, the bail granted to them in the aforesaid Special (NDPS) Case No. 07/2025 arising out of North Guwahati P.S. Case No. 173/2024 shall stand automatically vacated. 16. It is also made clear that the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon, shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioners on bail in said Special (NDPS) Case No. 07/2025 arising out of North Guwahati P.S. Case No. 173/2024 to procure their attendance during the trial of the said Special (NDPS) Case. 17. It is observed that this order relates to bail of the accused petitioners, namely, (1) Sofiur Islam, (2) Nur Alom Sheikh, (3) Sanowar Rahman Mandal, and (4) Chanowar Hussain Mandal, in said Special (NDPS) Case No. 07/2025 arising out of North Guwahati P.S. Case No. 173/2024 and not on merits of the case. 18. Petitioners, named above, be released on bail accordingly, if they are not required in any other criminal case. 19. With the above observation and direction, this bail application of the petitioners, named above, stands disposed of. JUDGE Comparing Assistant