Page No.# 1/5 GAHC010039342025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./562/2025 BIMAL DEBBARMA S/O FALGUNA DEBBARMA, R/O 46, WEST CHAMPAMURA, NORHT CHAMPAMURA, P.S. EAST AGARTALA, SUB DIVISION SADAR, DISTRICT WEST TRIPURA, PIN 799008. VERSUS UNION OF INDIA REPRESENTED BY SC, NCB. Advocate for the Petitioner : MS. S K NARGIS, MR F H LASKAR (2),MS N SULTANA,MS S BEGUM Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.05.2025 1. Heard Ms. S. K. Nargis, learned counsel for the petitioner. Also heard Mr. K. Jain, learned counsel appearing for the NCB. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Bimal Debbarma, who has been arrested on 21.12.2024 in connection with NDPS Case No. 89/2021 arising out of NCB Crime No. 03/2021 Page No.# 2/5 under Sections 20(b)(ii)(C)/29 of the NDPS Act, 1985. The said case is presently pending in the Court of the learned Additional Sessions Judge No. 3, Kamrup(M). 3. The gist of accusation in this case is that on 02.02.2021, the NCB Guwahati Zonal Office got an information regarding transportation of narcotic substance in a truck and accordingly, the truck bearing Registration No. WB-91- 2829 was intercepted. On search of the said truck, 117.650 Kgs of ganja was recovered from the said truck and three persons were arrested from the said truck. 4. The learned counsel for the for the petitioner has submitted that though this case pertains to an incident which occurred on 02.02.2021, the present petitioner was arrested on 21.12.2024 and at the time of his arrest, apart from the seizure memo, no other document was furnished. She submits that neither the notice under Section 50 of the Code of Criminal Procedure, 1973 was furnished to the petitioner, neither the notice under Section 50A was furnished to the relatives of the petitioner. She also submits that there is no notice under Section 52(1) of the NDPS Act, 1985 furnished to the petitioner in this case. Hence, he was not informed about the grounds of arrest at the time of his arrest in writing, which is a mandatory requirement. 5. The learned counsel for the petitioner submits that furnishing grounds of arrest is not only a constitutional mandate under Article 22(1) of the Constitution of India, but also a statutory requirement under Section 47 of the BNSS and Section 52(1) of the NDPS Act, 1985. The NCB has not complied with the said mandatory requirements, and, therefore she submits that the petitioner is entitled to get bail on that count only. Page No.# 3/5 6. The learned counsel for the petitioner has relied on the following rulings in support of the submissions made by her:- (i) Pankaj Bansal Vs. Union of India” reported in “(2024) 7 SCC 576” (ii) “Vihaan Kumar Vs. State of Haryana and Anr.,” reported in “2025 SCC OnLine SC 269”. (iii) Prabir Purkayastha Vs. State (NCT of Delhi reported in “(2024) 8 SCC 254” 7. On the other hand, Mr. Jain, learned counsel appearing for the NCB has fairly submits that on perusal of the case record as well as the final complaint submitted by the NCB, it appears that the petitioner was served with a notice under Section 49 i.e., (regarding seizure memo). 8. I have heard the learned counsel for both the sides and have gone through the scanned copy of the case record of NDPS Case No. 89/2021. 9. On perusal of the case records, as well as after considering the submissions of the learned counsel for both the sides, it is apparent that no notice under Section 47 of BNSS or Section 52(1) of the NDPS Act, 1985 was served on the petitioner at the time of his arrest, informing him in writing about the grounds of arrest. Non-furnishing of grounds of arrest to an arrestee at the time of his arrest is a violation of constitutional mandate as well as statutory mandate as provided under Article 22(1) of the Constitution of India as well as Section 47 of BNS and 52(1) of NDPS Act, 1985. 10. When there is a violation of the aforesaid constitutional mandate in furnishing the grounds of arrest, it renders the arrest of an arrestee itself illegal and on that count only, such an arrestee is entitled to get bail. As in this case also, there is no material on record to show that the petitioner was served with Page No.# 4/5 any notice informing him about the basic facts which necessitated his arrest (grounds of his arrest), and on that ground he is entitled to get bail in this case. 11. For the reasons as well as discussions made in the foregoing paragraph, the above named petitioner is allowed to go on bail of Rs.1,00,000/- (Rupees One Lakh) with two sureties of like amount (one of whom should be a government servant and residing within the State of Assam) subject to the satisfaction of the learned learned Additional Sessions Judge No. 3, Kamrup(M), with the following conditions:- i. That the petitioner shall cooperate in the trial of NDPS Case No. 89/2021, which is pending in the Court of learned Additional Sessions Judge No. 3, Kamrup(M); ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; 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 Trial Court in the trial pending against the present petitioners; iv. That the petitioners shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court; v. That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court; and vi. That the petitioner shall not commit any offence while on bail. Page No.# 5/5 12. With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant