Page No.# 1/5 GAHC010165362026 2026:GAU-AS:11950 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2267/2026 BHASKAR MEDHI ALIAS KUTUBA MEDHI ALIAS VASAKAR AND ANR S/O LATE SWAPAN KR MEDHI, R/O BIRUBARI UDAIPUR, KALIMANDIR, PS PALTANBAZAR, DIST KAMRUP (M), ASSAM 2: MOMI DAS ALIAS TULUMONI MEDHI W/O LATE MINTU DAS ALIAS MONUJ KR DAS R/O BIRUBARI UDAIPUR KALIMANDIR PS PALTANBAZAR DIST KAMRUP M ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA, N NATH,MR M AHMED,MR R A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 21.08 . 2026 Heard Mr. N.J. Dutta, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Addl. P.P for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for regular bail to the petitioners, namely, Bhaskar Medhi @ Kutuba Medhi @ Vasakar and Momi Das @ Tulumoni Medhi, in connection with Chandmari P.S. Case No. 100/2026 under Section 21 (b)/29/27 of the NDPS Act. 3. The learned counsel for the petitioner has submitted that there have been violations during the body search of the petitioners in connection with the recovery of the alleged contraband, and in such circumstances the petitioners would be entitled to the privilege of bail. 4. The learned counsel for the petitioner has also drawn the attention of this Court to the noting in the FIR that the arresting authority had served a notice under Section 50 of the NDPS Act upon the suspected persons and searched them (female co-accused being searched by women homeguard). 5. The learned counsel has submitted that since the informant/arresting authority had proceeded for the arrest after a tip-off, the absence of a Gazetted Officer or a Magistrate in this case would vitiate the body search and, therefore, petitioners would be entitled to the privilege of bail. Page No.# 3/5 6. The learned counsel has further submitted that in case a body search is made under the provisions of Section 50 (5) of the NDPS, the provisions of Section 50 (6) would come into play and there is nothing on record to show that the arresting authority had complied with the same. 7. The Case Diary has been received. 8. Mr. M.P Goswami, learned Addl. P.P appearing for the State has gone through the same and has submitted that the Case Diary does not contain a copy of the notice under Section 50 of the NDPS Act being served upon the petitioners herein. 9. The Case Diary also does not contain the record of whether the arresting authority had complied with the provisions of Section 50 (6) of the NDPS Act. 10. The learned Addl. P.P has submitted that the Case Diary reveals that the petitioners had been given the option of search before a Gazetted Officer, which was refused by the petitioners. 11. The learned Addl. P.P has submitted that a substantial quantity has been recovered from the pant of the petitioner No.1. 12. The learned Addl. P.P has submitted that as per the investigation conducted so far, the petitioners have confessed to being peddlers who had come to that area to sell the seized material to some other customer. 13. The petitioners have already been under custody for 34 days, as submitted by the learned counsel for the petitioners and the prayer of the learned Addl. P.P at this stage to call for further documents, in the opinion of this Court, Page No.# 4/5 cannot be granted since the matter relates to the personal liberty of the arrested persons. It would be prudent for the investigation/prosecuting authority to furnish complete documents to the learned Addl. P.P to render his duty before the Court. 14. In the given facts and circumstances of the case, I am of the considered opinion that the body search of the petitioners has been rendered illegal and therefore, in the absence of compliance with the provisions of Section 50 of the NDPS Act, the petitioners are entitled to be released on bail. 15. Accordingly, the prayer for bail is allowed. It is directed that the petitioners, namely, Bhaskar Medhi @ Kutuba Medhi @ VAsakar and Momi Das @ Tulumoni Medhi, shall be released on bail on furnishing a bail bond of Rs. 50,000/- each, with two local sureties of like amount, one of them in each case being a Government servant to the satisfaction of the learned Special Judge, NDPS, Kamrup, (M). 9. The petitioners shall participate and fully cooperate with the investigation as and when required to do so by the Investigating Authority. 10. The observations made are confined to the instant bail application and shall have no bearing on any other proceedings. 11. The learned Special Judge shall be at liberty to impose any further conditions that may be found necessary. Any violation of the conditions imposed may be brought to the notice of the competent court to request for a recall/cancellation of bail. Page No.# 5/5 12. This bail application stands disposed of. JUDGE Comparing Assistant