Page No.# 1/4 GAHC010060362025 2025:GAU-AS:6159 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./894/2025 CHRISTOFER ZOCHHUANA S/O- BRIAN CLINTON DAWSON R/O- VILL- TLANGSAM, PS CHAMPAI, DIST. CHAMPHAI, MIZORAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 16-05-2025 Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Christofer Zochhuana, son of Brian Clinton Dawson, resident of Village-Tlangsam, Police Station-Champhai, District-Champhai, Mizoram, has filed this application under Section 483 BNSS, 2023 on 19.03.2025 praying for his bail in Special Page No.# 2/4 (NDPS) Case No.19/2024 arising out of Karimganj P.S. Case No.85/2024 under Sections 21(c)/25 of the NDPS Act, 1985 corresponding to G.R. No.243/2024, in which he was arrested on 04.02.2024 and is in custody since then. 3. Matter relates to recovery of 620 grms of suspected heroin from the TATA Yodha vehicle bearing Registration No. MZ-04-A-4827 that was driven by the petitioner during Naka Checking at Chorgola under Karimganj Police Station around 11:40 am on 03.02.2024. 4. After his arrest on 04.02.2024, the petitioner was produced before the learned Chief Judicial Magistrate, Karimganj on 04.02.2024. 5. Petitioner contended that considering his detention in custody since 04.02.2024 in said Karimganj P.S. Case No.85/2024, he should be released on bail. 6. After completion of the investigation of the case, Charge-Sheet in said Karimganj P.S. Case No.85/2024 was filed on 30.04.2024 vide Charge Sheet No. 175/2024 under Sections 21(c)/25 of the NDPS Act, 1985 against the petitioner. 7. After filing of the charge sheet in said Karimganj P.S. Case No.85/2024 on 30.04.2024 corresponding to G.R. No. 243/2024, the said case was re-registered and re-numbered as Special (NDPS) Case No. 19/2024 before the Court of learned Special Judge (NDPS)-cum- Sessions Judge, Sribhumi at Karimganj. 8. Perused the record of Special (NDPS) Case No.19/2024 along with the record of Karimganj P.S. Case No.85/2024 that were called for by order dated 25.03.2025. 9. After receipt of charge sheet, the Court of Karimganj P.S. Case No.85/2024 on 14.05.2024 took cognizance of the offence under Sections 21(c)/25 of the NDPS Act, 1985 against the petitioner and by order dated 09.09.2024 charge under Sections 21(c)/25 of the NDPS Act, 1985 was framed against the petitioner. 10. It is also seen that as on 07.03.2025 the prosecution has adduced the evidence of 1 (one) prosecution witness, out of 9 (nine) named prosecution witnesses in the charge sheet. 9. Since Notice under Section 50 CrPC as well as 50 of the NDPS Act, 1985 was not in conformity with 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. Page No.# 3/4 State of Haryana & Anr., reported in (2025) SCC OnLine SC 269 violating the provisions of Article 22 of the Constitution of India, the petitioner is entitled for his bail in said Special (NDPS) Case No.19/2024 arising out of Karimganj P.S. Case No.85/2024 corresponding to G.R. No.243/2024. 10. From the records of Karimganj P.S. Case No.85/2024, it is seen that the FSL report dated 15.03.2024 confirmed the seized NDPS items recovered from the petitioner to be heroin with 81.52%. 11. Considering such materials in the case records and since the police personnel of Karimganj Police Station while arresting the petitioner on 04.02.2024 in Karimganj P.S. Case No.85/2024 did not comply with the provision of Section 47 of the BNSS, 2023 and thereby violated the Provisions of the Article 22 of the Constitution of India, the petitioner is entitled for his bail in said Special (NDPS) Case No. 19/2024, arising out of Karimganj P.S. Case No.85/2024, corresponding to G.R. No.243/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj, if he is not required in any other criminal case. 12. 12. Accordingly, the petitioner, namely, Christofer Zochhuana, son of Brian Clinton Dawson be released on bail in said Special (NDPS) Case No. 19/2024, arising out of Karimganj P.S. Case No.85/2024, corresponding to G.R. No.243/2024, 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, 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. 19/2024; ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum- Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 19/2024 Page No.# 4/4 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. 13. Violation of any of the aforesaid terms and conditions by the petitioner, namely, namely, Christofer Zochhuana, the bail granted to him in said Special (NDPS) Case No. 19/2024, arising out of Karimganj P.S. Case No.85/2024 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, named above, on bail in said Special (NDPS) Case No. 19/2024, to procure his attendance during the trial of the said case. 15. It is observed that this order relates to bail of the accused petitioner, namely, Christofer Zochhuana in said Special (NDPS) Case No. 19/2024, arising out of Karimganj P.S. Case No.85/2024 and not on merits of the case. 16. With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant