Page No.# 1/5 GAHC010034562025 2025:GAU-AS:6070 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./496/2025 CHOUKAT ALI S/O. LT. ABDUL GANI, VILL.-NATUN KATHMI, P/S. BOKO, DIST. KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM. Advocate for the Petitioner : MR A ISLAM, MR F HAQUE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 15-05-2025 Heard Mr. F. Hoque, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Choukat Ali, son of late Abdul Gani resident of Village- Natun Kathmi, Police Station-Boko, District- Kamrup, Assam, has filed this application under Section 483 BNSS, 2023 on 17.02.2025 praying for his bail in NDPS Case No. 26/2024, arising out of Boko Police Station Case No. 03/2024, registered under Section Page No.# 2/5 20(b)(ii)(C) of the NDPS Act, 1985, corresponding to GR No. 03(K)/2024, in which, he was arrested on 03.01.2024 and is in custody since then. 3. It is seen that the petitioner was arrested on 02.01.2024 in connection with Boko P.S. Case No. 03/2024 under Section 20(b)(ii)(C) of the NDPS Act, corresponding to GR No. 03(K)/2024 as from the conscious possession of the petitioner 26.54 Kgs of Ganja (Cannabis) was recovered. 4. After his arrest on 02.01.2024, the petitioner was produced before the Court of learned Judicial Magistrate, First Class, Boko on 03.01.2024. 5. After completion of the investigation of the case, Charge-Sheet in said Boko P.S. Case No. 03/2024 was filed on 30.04.2024 vide Charge Sheet No. 133/2024 under Section 20(b)(ii)(C) of the NDPS Act, 1985 against the petitioner. 6. After filing of the charge sheet in said Boko P.S. Case No. 03/2024 on 30.04.2024 corresponding to GR No. 03(K)/2024, the said case was re-registered and re-numbered as NDPS Case No. 26/2024 before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon. 7. Petitioner contended that considering his detention in custody since 03.01.2024 in said Boko P.S. Case No. 03/2024, he should be released on bail. 8. On 16.05.2024, the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon took cognizance of the offence under Sections 20(b)(ii)(C) of the NDPS Act, 1985 against the petitioner and on 13.06.2024 charge under Section 20(b)(ii)(C) of the NDPS Act, 1985 was framed against the petitioner. 9. From the records of the case, it is seen that as on 17.03.2025 out of 8 (eight) named prosecution witnesses in the charge sheet, the prosecution has adduced the evidence of 7 (seven) of its witnesses, who were thoroughly cross examined by the defence (on behalf of the accused petitioner) and only 1 (one) search and seizure witness is yet to be examined from the side of the prosecution. 10. By filing an additional affidavit on 08.05.2025 the petitioner further contended that Page No.# 3/5 while arresting him on 03.01.2024 in said Boko P.S. Case No. 03/2024, the authorities of the Boko Police Station in said Boko P.S. Case did not specify the grounds of his arrest and also did not inform his nominated persons pertaining to his arrest in said Boko P.S. Case as required under Sections 50 and 50A CrPC (Sections 47 and 48 of the BNSS, 2023), violating his fundamental rights guaranteed under Article 22(1) of the Constitution of India. 11. In this regard, the petitioner relied upon the decisions of the Hon’ble Supreme Court in the cases of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269. 12. Perused the record of NDPS Case No. 26/2024 along with the record of Boko P.S. Case No. 03/2024 that were called for by order dated 25.02.2025. 13. From the records of Boko P.S. Case No. 03/2024, it is seen that the FSL report dated 08.02.2024 confirmed the seized NDPS items recovered from the petitioner contains Cannabis (Ganja). 14. On perusal of the records of the case, it is seen that in the Notice under Section 50 of the Cr.P.C. served on the petitioner by the police authorities of Boko Police Station in Boko P.S. Case No. 03/2024, though he was informed that he was arrested on 02.01.2024 at about 09:00 PM in said Boko P.S. Case, but the police authorities concerned did not provide the full particulars of the offence for which he was arrested and other grounds for his such arrest. Further, no Notice under Section 50A CrPC in said Boko P.S. Case No. 03/2024 was ever issued to his relatives or authorised person. Moreover, in the said Notice under Section 50 CrPC, the petitioner was also not informed by the authorities of Boko Police Station that he was entitled to be released on bail and he may arrange for sureties on his behalf. As such, the Police authorities of Boko Police Station while arresting the petitioner in said Boko P.S. Case No. 03/2024 violated the provisions of Article 22 of the Constitution of India. 15. Considering such materials in the case records and since the police personnel of Boko Police Station while arresting the petitioner on 28.09.2024 in Boko P.S. Case No. Page No.# 4/5 03/2024 did not comply with the provisions of Sections 50 and 50A of the CrPC and thereby violated the Provisions of the Article 22 of the Constitution of India, the petitioner is entitled for his bail in said NDPS Case No. 26/2024, arising out of Boko Police Station Case No. 03/2024, corresponding to GR No. 03(K)/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup at Amingaon, if he is not required in any other criminal case. 16. 16. Accordingly, the petitioner, namely, Choukat Ali, son of late Abdul Gani be released on bail in said NDPS Case No. 26/2024, arising out of Boko Police Station Case No. 03/2024, corresponding to GR No. 03(K)/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, 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 petitioner, 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 NDPS Case No. 26/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum- Sessions Judge, Kamrup at Amingaon in said NDPS Case No. 26/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal; iii) shall not hamper and/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 and v) shall not involve himself in any criminal activities in the future. 17. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Choukat Ali, the bail granted to him in said NDPS Case No. 26/2024, arising out of Page No.# 5/5 Boko Police Station Case No. 03/2024 shall stand automatically vacated. 18. 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 petitioner, named above, on bail in said NDPS Case No. 26/2024, to procure his attendance during the trial of the said case. 19. It is observed that this order relates to bail of the accused petitioner, namely, Choukat Ali in said NDPS Case No. 26/2024, arising out of Boko Police Station Case No. 03/2024 and not on merits of the case. 20. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant