Page No.# 1/4 GAHC010061982025 2025:GAU-AS:4605 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./898/2025 FORIDUL ISLAM S/O- SURAT JAMAL, R/O- JIRSHIMULI BAZAR, PS CHHAYGAON, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM TO BE 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 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 10.04.2025 1. Heard Mr. A. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Foridul Islam, who has been detained behind the bars since 01.03.2025 in connection with Chaygaon P.S. Case No. 73/2025 under Section 21(b) of NDPS Act, 1985. 3. The gist of the accusation in this case, is that, on 28.02.2025, one Suraj Chetri, had lodged an FIR before the Officer-In-Charge of Chaygaon Police Station, inter alia, alleging, that on receipt of a information through reliable source, that the petitioner is dealing in narcotic substances, a search team was constituted and a NAKA checking was organized. Accordingly, the petitioner was intercepted and from his possession 12 grams of suspected heroin was recovered. The petitioner was arrested on that day itself, i.e., on 28.02.2025. 4. The learned counsel for the petitioner has submitted that the petitioner has filed this bail application, mainly on the ground of violation of the constitutional mandate of furnishing the grounds of arrest at the time of arrest of the petitioner under Article 22(1) of the Constitution of India. He also submits that the statutory mandate of Section 47 of the BNSS, as well as Section 52 of the NDPS Act, 1985 has also been violated in this case. 5. On the other hand, the State has filed an affidavit in pursuant to the directions of this Court, wherein it has been admitted by the State that no grounds of arrest was furnished to the petitioner at the time of his arrest. 6. The furnishing of grounds of arrest at the time of arrest is a constitutional mandate and any violation of that mandate vitiates the arrest itself. And once arrest is vitiated, the accused can no longer be detained behind the bars. 7. In the instant case, admittedly, no grounds of arrest were furnished to the petitioner, while he was served notice under Section 47 of the BNSS, 2023. In this connection, the Apex Court in the case of “Vihaan Kumar –Vs- State Page No.# 3/4 of Haryana and Anr.”, reported in “2025 SCC OnLine SC 269”. “20. When an arrested person is produced before a Judicial Magistrate for remand, it is the duty of the Magistrate to ascertain whether compliance with Article 22(1) has been made. The reason is that due to non-compliance, the arrest is rendered illegal; therefore, the arrestee cannot be remanded after the arrest is rendered illegal. It is the obligation of all the Courts to uphold the fundamental rights.” 8. In view of the above, the petitioner, in this case, can no longer be detained behind the bars and he is entitled to get bail in this case. 9. Accordingly, the above-named petitioner is allowed to go on bail of Rs. 50,000, (Rupees Fifty Thousand only) with a surety of like amount, subject to the satisfaction of the learned Special Judge (NDPS), Kamrup, Amingaon with following conditions:- i. That the petitioner shall cooperate in the investigation of the Chaygaon P.S. Case No. 73/2025; ii. That the petitioner shall appear before the Investigating Officer of the Chaygaon P.S. Case No. 73/2025 as and when so required by him for the sake of fair completion of the investigation; iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Investigating Officer; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Investigating Officer; Page No.# 4/4 v. That the petitioner shall not leave the jurisdiction of the Court of learned Special Judge(NDPS), Kamrup, Amingaon without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and vi. That the petitioner shall not commit any offence while on bail. 10. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant