Page No.# 1/4 GAHC010009212026 2026:GAU-AS:13022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./195/2026 SAYED MUSA ALIAS MD MUSA AND 2 ORS. S/O MD MANOU, R/O SANGALYUMPHAM PART 2, PO WANGING, PS THOUBAL, DIST THOUBAL, MANIPUR, PIN 795148 2: MD MURAD ALIAS MD MURAT ALI S/O MD MUSA R/O SANGALYUMPHAM PS THOUBAL DIST THOUBAL MANIPUR PIN 795148 3: MD YAKUB ALI S/O MD MUJATAR ALI R/O SANGALYUMPHAM PART I IDGAH MAMANG PS THOUBAL DIST THOUBAL MANIPUR PIN 79514 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NCB Advocate for the Petitioner : MR D MEDHI, MR K THAKUR,MR. S SARKAR Advocate for the Respondent : SC, NCB, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 08.09.2026 Heard Mr. D. Medhi, learned counsel for the petitioners. Also heard Mr. R. K. D. Choudhury, learned Standing counsel, NCB. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioners, namely, (1) Sayed Musa @ Md. Musa (2) Md. Murad @ MD. Murat Ali (3)Md. Yakub Ali have prayed for releasing them on bail after they were arrested on 14.07.2025 in connection with NDPS Case No.12/2026 arising out of NCB Guwahti Crime No. 9/2025 under Sections 8(C) R/W Section 22(C)/29 of NDPS Act. 3. The petitioners were apprehended by the Narcotics Control Bureau, Guwahati Zonal Unit on 14.07.2025 at around 0025 hours at Nazirakhat Toll Plaza between Jagirod and Guwahati. Thereafter, 10.858 kg of Methamphetamine was recovered from their vehicle. Subsequently, the petitioners were taken to the NCB office, at Guwahati and the search and seizure was completed at 0810 hours on 14.07.2025. Subsequently, the petitioners were produced on 15.07.2025 before the learned Magistrate at Guwahati, presumably at 10.30 a.m or thereafter as per normal court hours. 4. Learned counsel for the petitioners submits that the petitioners were taken to effective custody at 0025 hours on 14.07.2025 but even if the time of custody has taken as 0810 a.m on 14.07.2025 i.e after completion of the search and seizure procedure in course of which the contravene were seized, the petitioners were required to be produced within a period of 24 hours before the nearest Magistrate at latest by 0810 am on 15.07.2025, however, admittedly Page No.# 3/4 and as per the Final Report submitted by the NCB. 5. 5. Learned counsel appearing for the NCB obviously could not dispute the recorded facts as available in the Final Report submitted by the NCB. 6. From the above, it is evident that the constitutional mandate under Article 22 of the Constitution of India has been violate due to non production of the petitioners before the Magistrate within a period of 24 hours of his effective detention as explained by the Hon’ble Apex Court in Niranjan Singh Vs Prabhakar Rajaram Kharote, (1980) 2 SCC 559 and Directorate of Enforcement Vs. Subhash Sharma (2025) SCC OnLine SC 240. 7. Having regard to the above, as well as the period of detention undergone by the petitioners, prayer for bail is allowed. Accordingly, it is directed that the petitioners shall be released on a bail bond of ₹1,00,000/- (Rupees one lakh) only each with two sureties each of like amount, one of whom has to be from the State of Assam -to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court in connection with NDPS Case No.12/2026 arising out of NCB Guwahti Crime No. 9/2025 under Sections 8(C) R/W Section 22(C)/29 of NDPS Act. 8. It is further provided that the petitioners shall regularly participate in the trial and shall not try to tamper with the remaining witnesses and the petitioners shall not commit any illegal activities or offences, including any offences under the NDPS Act and they shall not in any manner intimidate, harass or try to influence any witnesses. 9. Violation of the bail conditions would lead to cancellation of the bail. Page No.# 4/4 10. Accordingly, the bail application stands allowed and disposed of. JUDGE Comparing Assistant