Page No.# 1/4 GAHC010044842025 2025:GAU-AS:6158 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./640/2025 BABU PATAR S/O KHARGESWAR PATAR R/O KUMAI, P.S. JAGIROAD, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S H SIKDAR, MD IMRAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 16-05-2025 Heard Ms. F N A Hussain, learned counsel appearing on behalf of Mr. S. H. Sikdar, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Babu Patar, son of Khargeswar Patar, resident of Kumai, Police Station-Jagiroad, District-Morigaon, has filed this application under Page No.# 2/4 Section 483 BNSS, 2023 on 03.03.2025 praying for his bail in Basistha P.S. Case No. 882/2024, registered under Section 21(c) of the NDPS Act, 1985, corresponding to GR No. 3269/2024, in which, he was arrested on 10.12.2024 and is in custody since then. 3. On receipt of specific information on 08.12.2024 in the early morning of around 11.25 AM that one unknown person was selling NDPS items near Kerakuchi Tiniali under Basistha Police Station, police personnel from Basistha police station proceeded to the place of occurrence and detained the petitioner, who was in a Swift Dzire Car bearing Registration No. AS-01-RC-4119. While making search, a total of 378.29 grms of suspected Heroin was recovered from the conscious possession of the petitioner in 5 soap cases (433.42 grams with 5 soap cases), in presence of independent witnesses. As such, the petitioner was apprehended following due procedures. The NDPS items were seized along with his mobile phone, driving licence and the vehicle. Subsequently, he was arrested on 10.12.2024 in said Basistha P.S. Case No. 882/2024. 4. Petitioner contended that considering his detention in custody since 10.12.2024, he should be considered for his bail in said Basistha P.S. Case No. 882/2024. 5. The petitioner further contended that while arresting him on 10.12.2024 in said Basistha P.S. Case No. 882/2024, the authorities of the Basistha Police Station did not comply with the provisions of Sections 47 and 48 of the BNSS, 2023, violating his fundamental rights guaranteed under Article 22(1) of the Constitution of India. 6. Perused the case diary that was called for. The FSL report of the seized items is yet to be received by the concerned Investigating Officer of the case. 7. On perusal of the case diary it is seen that Police authorities of Basistha Police Station, while arresting the petitioner on 10.12.2024 in said Basistha P.S. Case No. 882/2024 did not comply with the provisions of Sections 47 and 48 of the BNSS, 2023 as required under the law and as been held by the Hon’ble Supreme Court in the case of (i) Prabir Purkayastha Vs. State (NCT of Delhi) reported in (2024) 8 SCC 254 and Page No.# 3/4 (ii) Vihaan Kumar Vs. State of Haryana and Another, reported in (2025) SCC OnLine SC 269, thereby violated the provisions of Article 22 of the Constitution of India. 8. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioner, named above, is not warranted for investigation of said Basistha P.S. Case No. 882/2024. As such, this bail application of the petitioner is accepted. 9. Accordingly, the petitioner, namely, Babu Patar, son of Khargeswar Patar be released on bail in said Basistha P.S. Case No. 882/2024, registered under Sections 21(c) of the NDPS Act, 1985, corresponding to GR No. 3269/2024, on furnishing a bail bond of Rs. 1,00,000/- (Rupees One 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 (Metro), Guwahati subject to the conditions that the petitioner, named above — (i) shall appear before the Investigating Officer of said Basistha P.S. Case No. 882/2024 as and when he is required for necessary investigation of said Basistha P.S. Case; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup (Metro), Guwahati on or before 28.05.2025; (iii) shall not leave the territorial jurisdiction of the Basistha Police Station, without obtaining prior written permission from the learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup (Metro), Guwahati; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise Page No.# 4/4 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 (vi) shall not indulge himself in any criminal activities including possession or procurement, transportation and selling etc., of such NDPS items. (vii) in the event of filing the charge-sheet against the petitioner in said Basistha P.S. Case No. 882/2024 corresponding to GR No. 3269/2024, he shall appear before the concerned Trial Court, i.e., the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Kamrup (Metro), Guwahati on the dates fixed and shall participate in the trial of the said case, without fail till its conclusion. 10. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Babu Patar, the bail granted to him in said Basistha P.S. Case No. 882/2024 shall stand automatically vacated. 11. With the above observation and direction, this bail application stands allowed to the extent above. 12. Return the case diary. JUDGE Comparing Assistant