Page No.# 1/5 GAHC010060632025 2025:GAU-AS:10956 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./881/2025 SANDIP DAS S/O SRI SURJYA DAS R/OVILL- CHANDAN NAGAR, P.S. CHANDAN NAGAR, DIST. HOOGLY WEST BENGAL. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.08.2025 1. Heard Mr. S. Rahman, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Sandip Das, seeking regular bail in connection with NDPS Case No.39/2023 arising out of Guwahati GRPS Case No.147/2022 under Section 20(b)(II) (C)/29 of NDPS Act and stated to be pending in the Court of learned Additional District and Session Judge, No.2, Kamrup(M), Guwahati. 3. Drawing my attention to the forwarding report, the learned counsel for the petitioner submits that four accused were arrayed and arrested, out of which three have been granted bail by this Court vide different orders. Copies of these orders have been placed before the Court. 4. It is contended and submitted further that the petitioner’s side has filed an additional affidavit taking the ground of non- compliance with notice under Section 50 Cr.PC and being violative of the law in this regard laid down in Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 : (2024) SCC Online SC 934 and Vihaan Kumar Vs. State of Haryana and Anr., reported in (2025) 5 Page No.# 3/5 SCC 799 : (2025) SCC Online SC 269. 5. The scanned copy of the TCR is available. 6. The petitioner’s side has annexed a copy of the said notice under Section 50 Cr.PC which reads as follows – You are hereby informed that you are arrested in connection with the above reference case and the case is non-bailable. So, you are forwarded to the Court. You may submit petition before the Hon’ble Court for your bail. 7. In this regard, the learned Additional Public Prosecutor for the State submits that he did not find the notices under Section 50/50A Cr.PC in the said record. 8. In this context, the learned counsel for the petitioner submits that they have annexed certified copy of the notice under Section 50 Cr.PC. 9. Though the arrest was made in 31st October, 2022 itself; in terms of the governing law as laid down in Prabir Purkayastha(Supra) and Vihaan Kumar(Supra) – the aforesaid nature of the notice would not meet the procedural requirements and the standards in terms of Article 22(1) of the Constitution of India and therefore, the same would constitute fatal infirmity in the arrest procedure entitling the accused to be granted bail in terms of the said governing law. 10. It has also been held in Vihaan Kumar(Supra) in para 26.6 that the said right to get bail due to such violation of constitutional Page No.# 4/5 provision would prevail over any statutory restrictions in grant of bail. Therefore, in view of the above finding in this case with regard to the infirmities and the arrest procedure, Section 30 of the NDPS Act pertaining to the commercial quantity would not stand in the way of present accused being granted bail at this stage. 11. In any case, the accused has undergone significant length of under trial detention and the other three accused persons have also been enlarged on bail earlier by this Court. 12. Therefore, the aspects of merit and the test of Section 37 of the NDPS Act are not been gone into, in view of the entitlement of the accused to bail in terms of the law laid down in Prabir Purkayastha(Supra) and Vihaan Kumar(Supra). 13. Accordingly, in the facts and circumstances and view of the above discussion, the petitioner namely, Sandip Das Ansari, shall be allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with two sureties of the like amount, with one surety being from State of Assam subject to the satisfaction of the concerned learned Court with following conditions: I) That the accused shall not abscond; II) That the accused shall be available during the remaining trial; III) That the accused shall not hamper or tamper with the evidence. 14. 14. Violation of bail conditions might entail cancellation of the Page No.# 5/5 bail. 15. With the above observations, this bail petition stands allowed and stands disposed of with the aforesaid terms. JUDGE Comparing Assistant