Page No.# 1/4 GAHC010063292025 2025:GAU-AS:6407 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./947/2025 DEBOJIT DEBNATH @ DEBAJIT DEBNATH S/O SENTU BHUSAN DEBNATH R/O WEST DUKLI WARD NO. 5, MADHUBAN DIST. WEST TRIPURA, TRIPURA-799003 VERSUS NARCOTICS CONTROL BUREAU REP BY SC, NCB Advocate for the Petitioner : TAWHID LASKAR, A BORBHUYAN Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 21.05.2025 Heard learned counsel Mr. T. Laskar for the petitioner Debojit Debnath @ Debajit Debnath. 2. The petitioner has filed this application under Section 483 of BNSS, 2023, with prayer for bail as he is behind bars since 24.01.2025 in connection with Page No.# 2/4 NCB Guwahati Crime No.01/2025 registered under Sections 8(c) read with Sections 21(c) and 29 of the NDPS Act, 1985. 3. Heard Mr. S. C. Keyal, learned Standing Counsel for NCB. 4. It is submitted on behalf of the petitioner that the petitioner is behind bars for 116 days and his right to personal liberty has been curtailed as grounds of arrest have not been communicated to him. The Annexure-A of the additional affidavit submitted by the petitioner relating to the grounds of arrest reflects that the reasons of arrest have been mentioned to the petitioner, while grounds were not mentioned to the petitioner in a manner understood by the petitioner. 5. Learned counsel for the petitioner has relied on the decision of the Hon’ble Supreme Court in Prabir Purkayastha Vs. State (NCT of Delhi), which is reproduced hereunder for ready reference:- “49. It may be reiterated at the cost of repetition that there is a significant difference in the phrase 'reasons for arrest' and 'grounds of arrest'. The 'reasons for arrest' as indicated in the arrest memo are purely formal parameters, viz., to prevent the accused person from committing any further offence; for proper investigation of the offence; to prevent the accused person from causing the evidence of the offence to disappear or tempering with such evidence in any manner; to prevent the arrested person for making inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer. These reasons would commonly apply to any person arrested on charge of a crime whereas the 'grounds of arrest' would be required to contain all such details in hand of the Investigating Officer which necessitated the arrest of the accused. Simultaneously, the grounds of arrest informed in writing must convey to the arrested accused all basic facts on which he was being arrested so as to provide him an opportunity of defending himself against custodial remand and to seek bail. Thus, the 'grounds of arrest would invariably be personal to the Page No.# 3/4 accused and cannot be equated with the 'reasons of arrest' which are general in nature.” 6. It is further submitted on behalf of the petitioner that the petitioner has been forwarded to custody on the basis of the statement of the co-accused, who was initially arrested while in possession of 335 grams of heroin. 7. It is further submitted that the NCB tried to force the petitioner into affixing his signature on his confessional statement under Section 67 of NDPS Act and this is the reason why the petitioner did not affix his signature on his statement. 8. On the contrary, the learned Standing Counsel has submitted that the petitioner has given his signature on the statement. It is also submitted there are incriminating materials in the case diary against the petitioner, who is the kingpin, supplying drugs to the arrested co-accused Rudrani Bhattacharjee, who was caught red-handed while transporting 335 grams of heroin. 9. I have scrutinized the case diary, indeed there are incriminating materials in the case diary against the petitioner. 10. The notice under Section 47 of BNSS, 2023, clearly reveals that the grounds of arrest have been communicated to the petitioner, and the reasons as well as the grounds of arrest have been communicated. The petitioner was clearly informed that he was arrested in connection with NCB Guwahati Crime No.01/2025 registered under Sections 8(c) read with Sections 21(c) and 29 of the NDPS Act, 1985. He was also clearly informed that he was arrested in connection with transportation of 335 grams of heroin and the case is non bailable and he will be produced before the trial court and he may submit his petition with prayer for bail. If the entire notice under Section 47 is Page No.# 4/4 scrutinized, it clearly reveals that there is no violation of Article 22(1) of the Constitution of India. 11. Thus the petitioner’s right to personal liberty has not been curtailed. The petitioner who has received the notice has affixed his signature in English. It can be correctly interpreted that the grounds of arrest vis-à-vis the reasons of arrest has been communicated to the petitioner in a language understood by the petitioner. The petitioner’s plea for bail on non communication of the grounds of arrest can be safely dismissed. 12. In view of my foregoing discussions, the bail application stands rejected at this stage. 13. Send back the case diary. JUDGE Comparing Assistant