Page No.# 1/7 GAHC010140182026 2026:GAU-AS:10325 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1545/2026 RASHID ALI S/O LATE RAMI ALI R/O VILLAGE DIGHELI, P.S. BARAMA, DISTRICT BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RAJAB ALI S/O TAHER ALI R/O VILLAGE DIGHELI P.S. BARAMA DISTRICT BAKSA ASSA Advocate for the Petitioner : MR S M ABDULLAH P, MR. A E HUSSAIN,MR. S HAQUE Advocate for the Respondent : PP, ASSAM, MR. I HUSSAIN(R2),MR N JAMAL(R2),MR A K AZAD(R2) B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.07.2026 Heard Mr. T Hussain, learned counsel appearing for the petitioner. Also Page No.# 2/7 heard Mr. K. Baishya, the learned Addl. P.P. for the State respondent. 2. This is an application filed under Section 483 of BNSS, 2023, praying for granting bail to the accused applicant in connection with NDPS Case No. 32/2026, under Section 61(2) of BNS, 2023, read with Section 21(c)/25/29 of the NDPS Act, corresponding to Manja Police Station Case No. 02/2026. 3. The prosecution’s case in brief is that the informant, Abdul Rafiq Sikdar, lodged an FIR on 22.01.2026 stating that while doing a regular naka checking at Langvoku Road along with his colleagues at around 9:30 a.m., one Hero X-Pulse motorcycle bearing registration number AS-09-M-1354 was intercepted, which was coming from Langvoku-Koylajan side. It was alleged that motorcycle rider was signaled to stop for checking, but the same was ignored and they tried to escape from the naka check point. It was alleged that police team chased the motorcycle riders and apprehended the riders. The apprehended motorcycle riders were questioned at the place of occurrence and they have been identified as Uttam Kumar Chauhan and Suman Dahal. It was alleged that due to suspicion that the persons might be carrying narcotic substance, the same was informed to the OC Manja PS and other higher officials of Karbi Anglong. Thereafter, OC Manja PS along with Deputy Superintendent of Police arrived at the place of occurrence and on searching the body of the accused Sri Suman Page No.# 3/7 Dahal, a total 25 numbers of soap boxes have been recovered, and a total of 5 numbers of soap boxes, suspected to be heroin inside, were recovered from Sri Uttam Kumar Chauhan. It was alleged that inside the soap boxes, some brown color powder was recovered, which was suspected to be illegal narcotic substance, that is, heroin. It was alleged that test was conducted on the recovered powder and it was found to be heroin. It was alleged that total amount of powder, suspected heroin, recovered was 374 grams in total. 4. In view of the aforesaid FIR, Manja Police Station Case No. 02/2026 under the aforementioned sections was registered. 5. The accused applicant was arrested on 22.01.2026 and forwarded to the Court of learned Judicial Magistrate First Class, Karbi Anglong, and since then, the accused applicant is behind the bars. 6. Mr. T Hussain, the learned counsel appearing for the accused applicant, submitted that while arresting the accused applicant in the instant case, the mandates of Article 22(2) have not been complied with by the arresting authority. He submits that though the accused applicant was arrested at 9:30 a.m. on 22.01.2026, the accused applicant was produced before the learned Court of Judicial Magistrate First Class, Karbi Anglong on 23.01.2026, beyond 24 Page No.# 4/7 hours. He submits that in the forwarding report, mention has been made about compliance in terms of issuance of arrest memos, inspection memos, notices under Section 47 and 48 of BNSS, as well as medical examination. He submits that as per the medical report, the time of medical examination has been shown at 12:13 p.m. on 23.01.2026. He submits that the aforesaid fact indicates that the accused applicant must have been produced before the learned JMFC post 12:13 p.m. He submits that if that is so, then the accused applicant must have been produced beyond 24 hours, which is in violation of Article 22(2) of the Constitution of India and thereby vitiating the whole process of arrest of the accused applicant. He submits that on that ground only, which is clearly against the mandates of the provision of the Constitution, gives the accused applicant an unfettered right to be released on bail. 7. It is submitted that a Co-ordinate Bench of this Court by order dated 22.07.2026 in B.A 1663/2026 has granted bail to the co-accused who stood on the same footing as the present petitioner, after perusal of the CD. 8. In the said order, it has been recorded that the accused applicant was apprehended and taken under control of the police at about 9:30 a.m. on 21.06.2026 and thereafter, the process of testing of the seized contraband was carried out and the accused applicant was produced before the learned JFMC Page No.# 5/7 Court. Though there is no mention of any time as to at what time exactly the accused applicant was produced before the learned Court of JFMC, Karbi Anglong, from the order dated 23.01.2026, it transpires that before production of the accused applicant before the Court of learned JFMC, Karbi Anglong, medical test was conducted. From perusal of the medical report, it is clear that the medical test was conducted at 12:13 p.m. on 23.01.2026. This indicates that only after the medical report, the accused applicant was produced before the learned Court of JFMC, Karbi Anglong. Therefore, it is discernable that the accused applicant must have been produced before the learned Court of JFMC, Karbi Anglong after 12:13 p.m. on 23.01.2026, which is clearly beyond the prescribed time of 24 hours. 9. Learned Addl. Public Prosecutor fairly concedes that the present petitioner is similarly situated. 10. Taking into account the decision rendered by the Hon'ble Supreme Court in the cases of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others, reported in (1980) 2 SCC 559, as well as in the case of Directorate of Enforcement vs. Subhash Sharma, reported in 2023 SCC OnLine SC 240, this Court is of the considered opinion that producing the accused applicant beyond 24 hours before the learned Court of JFMC, Karbi Anglong, there is a violation of Page No.# 6/7 Article 22(2) of the Constitution of India. 11. From the aforesaid facts, it is discernable that there is a violation of mandate of Section 58 read with Section 62 of the BNSS in the instant case, which goes to the root of the matter, making the whole arrest procedure violative of Article 22(2) of the Constitution of India. Therefore, the rigorous of Section 37 of NDPS Act will not be applicable in the instant case. 12. In view of the aforesaid findings, it is directed that the accused applicant shall be released on bail on furnishing a bail bond of Rs. 1,00,000/- (One Lakh) with two sureties of like nature, at least one of whom should be a government servant, to the satisfaction of the Special Judge, Karbi Anglong, subject to the following conditions: - 1. That the accused applicant shall appear before the trial court as and when required; 2. That the accused applicant shall not tamper with the evidence or intimidate any witnesses connected with the case. 13. In terms of the aforesaid directions, the instant bail application stands disposed of. Page No.# 7/7 JUDGE Comparing Assistant