Page No.# 1/4 GAHC010044002025 2025:GAU-AS:6220 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./641/2025 RAVI SHARMA S/OLAKHAN SHARMA R/O PATHAR MOHALLA, WARD NO. 15, P.S. ASHOKNAGAR, DIST. SHOK NAGAR STATE- MADHYA PRADESH, PIN-473331 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K MIRA, MR. H A TALUKDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 19/05/2025 Heard Mr. K Mira, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Ravi Sharma, son of Lakhan Sharma, resident of Pathar Mohalla, Ward No. 15, P.S. Ashoknagar, District-Ashok Nagar, Madhya Pradesh, has filed this application under Section 483 of BNSS, 2023, on 27.02.2025, praying for his bail in Special (NDPS) Case No. 36/2024 arising out of Bazaricherra P.S. Case No. 55/2024 corresponding to G.R. No. 550/2024, in which on completion of investigation of the case, charge-sheet under Sections 22(C)/25/29 of the NDPS Act, 1985 has already been submitted against the petitioner on 31.08.2024 vide Charge-Sheet No. 117/2024, wherein he was arrested on 17.03.2024 and is in custody since then. 3. After filing of the charge-sheet in said Bazaricherra P.S. Case No. 55/2024, same has been registered as Special (NDPS) Case No. 36/2024 and the matter is pending before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj in the stage of framing of charge. 4. Perused the records of Special (NDPS) Case No. 36/2024 that was called for by order dated 06.03.2025. 5. It is seen from the records of the case that after his arrest on 17.03.2024, the petitioner along with the co-accused of the case was produced before the learned Chief Judicial Magistrate, Karimganj for the first time on 17.03.2024 itself and since then he is in custody. 6. Matter relates to recovery of 64,320 bottles of Codeine Phosphate and Triprolidine Hydrochloride Syrup, ESKUF in 402 nos. of cartoons, each bottles containing 100 ml. quantity from the Ashok Leyland Open Body Truck bearing registration No. PB-13-BD-5534 driven by the petitioner coming from Guwahati towards Tripura which was apprehended during Naka checking around 04:00 AM on 16.03.2024 in which one Sushil Suklabaidya was the helper of the truck. 7. The FSL report dated 22.07.2024 confirmed the seized NDPS items recovered from the conscious possession of the petitioner containing of Codeine (as Codeine Phosphate), a scheduled NDPS item. Page No.# 3/4 8. The petitioner contended that the police authorities of Bazaricherra Police Station arrested him on 17.03.2024 in said Bazaricherra P.S. Case No. 55/2024 in absence of any relative and/or witness and further, did not comply with the provisions of Section 50 of the Cr.P.C. in accordance with law as required. 9. In support of his case, the petitioner 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. 10. From the records of the case, it is seen that while arresting the petitioner on 17.03.2024 though notice under Section 50 of the Cr.P.C. had been issued to him on 16.03.2024 by the authorities of Bazaricherra Police Station, but the same is not in conformity with the provisions of Section 50 of the Cr.P.C. and as been held 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. 11. Considering such materials in the case records, the Court found that the petitioner is entitled for his bail in said Special (NDPS) Case No. 36/2024 arising out of Bazaricherra P.S. Case No. 55/2024. 12. Accordingly, the petitioner, namely, Ravi Sharma, son of Lakhan Sharma, be released on bail in said Special (NDPS) Case No. 36/2024 arising out of Bazaricherra P.S. Case No. 55/2024 corresponding to G.R. No. 550/2024 under Sections 22(C)/25/29 of the NDPS Act, 1985, on furnishing a bail bond of Rs.2,00,000/- 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, Sribhumi at Karimganj 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, Sribhumi at Karimganj without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 36/2024; (ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 36/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal; Page No.# 4/4 (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; 13. Violation of any of the aforesaid conditions by the petitioner, Ravi Sharma, the bail granted to him in the aforesaid Special (NDPS) Case No. 36/2024 arising out of Bazaricherra P.S. Case No. 55/2024 shall stand automatically vacated. 14. It is also made clear that the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner on bail in said Special (NDPS) Case No. 36/2024 arising out of Bazaricherra P.S. Case No. 55/2024 to procure his attendance during the trial. 15. It is observed that this order relates to bail of the accused petitioner, namely, Ravi Sharma, in said Special (NDPS) Case No. 36/2024 arising out of Bazaricherra P.S. Case No. 55/2024 and not on merits of the case. 16. Petitioner, named above, be released on bail accordingly, if not required in any other criminal case. 17. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant