Page No.# 1/5 GAHC010060452025 2025:GAU-AS:4493 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./883/2025 NIAJ UDDIN @ NIAZ UDDIN SON OF LATE LOMSED ALI, VILLAGE NAIRGRAM, PS AND DISTRICT SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 14.05.2025 Heard Mr. H. R. Choudhury, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Niaj Uddin @ Niaz Uddin, son of late Jomsed Ali, resident of village-Nairgram, Police Station-Sribhumi, District-Sribhumi has filed this application under Section 483 BNSS, 2023 on 19.03.2025 for his bail in Special (NDPS) Case No. 148/2023, arising out of Karimganj Police Station Case No. 889/2023, registered under Page No.# 2/5 Sections 22(C)/25/29 of the NDPS Act, 1985, trial of which is presently pending before the Court of the learned Special Judge (NDPS) -cum- Sessions Judge, Sribhumi at Karimganj, wherein, the petitioner was arrested on 17.11.2023 and is in custody since then. 3) Matter relates to recovery of 9600 Nos. of Yaba tablets weighing about 1.060 kgs from the conscious possession of the petitioner during Naka checking at Chargola on 17.11.2023 from an Auto bearing registration No. AS-10C-2940 that was driven by the petitioner, who was coming from Badarpur side. 4) Said FIR was accordingly registered as Karimganj Police Station Case No. 889/2023 under Sections 22(C)/25/29 of the NDPS Act, 1985. 5) After his arrest on 17.11.2023, the petitioner was produced before the Court of the learned Chief Judicial Magistrate, Karimganj on 18.11.2023. 6) The FSL report dated 15.12.2023 confirmed that the tablets seized from the petitioner in said Karimganj P.S. Case No. 889/2023 gave positive test result for Methamphetamine, a scheduled NDPS drug. 7) After completion of the investigation of the case, charge sheet in said Karimganj P.S. Case No. 889/2023 was filed on 29.02.2024 under Sections 22(C)/25/29 of the NDPS Act, 1985. 8) After filing of the charge sheet in said Karimganj P.S. Case No. 889/2023 the said case was re-registered and re-numbered as Special (NDPS) Case No. 148/2023 before the Court of the learned Special Judge (NDPS) -cum- Sessions Judge, Sribhumi at Karimganj, where charge under Sections 22(C)/25/29 of the NDPS Act, 1985 were framed against the petitioner on 12.07.2024. 9) As of now, evidence of only 1 (one) prosecution witness has been recorded, as being adduced by the prosecution; out of 8 (eight) Nos. of prosecution witnesses named in the charge sheet of the case. 10) By filing an additional affidavit on 09.04.2025, the petitioner submitted that at the Page No.# 3/5 time of his arrest on 17.11.2023, the authorities concerned of Karimganj Police Station did not specify the grounds of his arrest and also did not inform his nominated persons regarding his arrest in said Karimganj P.S. Case No. 889/2023, as required under Section 50/50A of the Cr.P.C., 1973 as amended, violating his fundamental rights guaranteed under Article 22(1) of the Constitution of India. 11) In this regard, the petitioner relied upon the decision 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. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269. 12) Perused the records of Special (NDPS) Case No. 148/2023 along with the records of Karimganj P.S. Case No. 889/2023 that was called for by the Court vide order dated 25.03.2025. 13) From the records of the case, it is seen that in the Notices under Sections 50/50A Cr.P.C. served on the petitioner, though he was informed that he was arrested on 17.11.2023 in said Karimganj P.S. Case but did not provide the full particulars of the offence for which he was arrested and other grounds for his such arrest. Further, in the said Notices under Section 50 Cr.P.C., the petitioner was also not informed by the authorities of Karimganj Police Station that he was entitled to be released on bail and that he may arrange for sureties on his behalf. As such, it is found that the Police authorities of Karimganj Police Station, while arresting the petitioner in said Karimganj P.S. Case No. 889/2023 violated the provisions of the Article 22 of the Indian Constitution. 14) Considering such materials in the case records and since the police personnel of Karimganj Police Station while arresting the petitioner on 17.11.2023 in Karimganj P.S. Case No. 889/2023 did not comply with the provisions of Section 50 of the Cr.P.C and thereby violated the provisions of Article 22 of the Constitution of India, the Court found that the petitioner is entitled for his bail in said Special (NDPS) Case No. 148/2023, arising out of Karimganj Police Station Case No. 889/2023, the trial of which is presently pending before the Court of the learned Special Judge (NDPS) -cum- Sessions Judge, Sribhumi at Karimganj. Page No.# 4/5 15) Accordingly, the petitioner, namely, Niaj Uddin @ Niaz Uddin, son of late Jomsed Ali be released on bail in said Special (NDPS) Case No. 148/2023, arising out of Karimganj Police Station Case No. 889/2023, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), 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. 148/2023; ii) shall regularly attend the Trial before the learned Special Judge (NDPS) -cum- Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 148/2023 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. 16) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Niaj Uddin @ Niaz Uddin, son of late Jomsed Ali the bail granted to him in said Special (NDPS) Case No. 148/2023, arising out of Karimganj Police Station Case No. 889/2023 shall stand automatically vacated. 17) 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) Page No.# 5/5 Case No. 148/2023, arising out of Karimganj Police Station Case No. 889/2023 to procure his attendance during the trial. 18) It is observed that this order relates to bail of the accused petitioner, namely, Niaj Uddin @ Niaz Uddin, son of late Jomsed Ali in said Special (NDPS) Case No. 148/2023, arising out of Karimganj Police Station Case No. 889/2023 and not on merits of the case. 19) Petitioner, named above, be released on bail accordingly, if not required in any other Criminal Case. 20) Is it pertinent to be mentioned herein that the petitioner earlier approached this Court for his bail in said Special (NDPS) Case No. 148/2023 on 05.11.2024, in which the petitioner did not pray with regard to non-compliance of Section 50/50A of the Cr.P.C. As the matter relates to violation of Constitutional Provisions, the Court has considered that aspect. 21) With the above observation and direction, this bail application stands allowed to the extent above. JUDGE Comparing Assistant