Page No.# 1/5 GAHC030006752026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./88/2026 Sh. Thangkhansiam Guite S/o Doumang Guite, R/o Mission Veng, Hiangtam Lamka, Churachandpur, Manipur- 795128 2: Sh. Hangkhanpau @ Paubawi Guit VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Ms Rashmi Borgohain Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.09.2026 Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor for the State. 2. This is an application under Section 483 of BNSS, 2023 for grant of bail to the petitioner in connection with Ngopa P.S. Case No. 07/2026 under Section 21(c)/25/29 of the ND&PS Act. Page No.# 2/5 3. The petitioner herein was arrested on 02.06.2026 while he was transporting contraband drugs in a Tata Nexon vehicle. Upon search of the vehicle, 42 soap cases containing 536 grams of suspected heroin was recovered from the said car. 4. The learned counsel for the petitioner has drawn the attention of the Court to the purported notice under Section 48 of BNSS which has been annexed to the bail application. The translated version of the said notice is reproduced herein:- “ARREST INTIMATION U/s 48 BNSS Reference: NOP-PS Case No. 7/2026 dated 02.06.2026, U/s 21(c)/25/29 NDPS Act This it to inform that in connection with the above-mentioned case, your son Hangkhanpau (31) S/o Chinkhanmang of Gangpimual, Churachandpur, Manipur has been arrested and is currently under the custody of Ngopa Police Station. He will be produced to the Judicial Magistrate on Dt. 04.06.2026. You may engage a lawyer to represent him. His family members are residing outside the State, and since they cannot come to Ngopa Police Station, the information of his arrest has been conveyed to his Father Chinkhanmang (ph. 9862135097). This intimation is also being provided to the community leaders for awareness. The content above is explained to accused in Paite language which he Page No.# 3/5 knows As per the case stated above, I am arrested by Ngopa Police and I hereby inform you accordingly.” 5. From a bare perusal of the aforesaid notice under Section 48 of BNSS, it is evident that no grounds of arrest containing the bare minimum details as to nature and quantity of the contraband nor any other particulars have been mentioned in the said notice. As it appears that the Arresting Officer is under a misconception that the requirement of Section 48 of BNSS is the intimation of arrest and accordingly, the said notice has been captioned as “ARREST INTIMATION”. 6. It is also evident from the second paragraph of the said purported notice is that what has been claimed to be conveyed to the father of the petitioner is merely the information of his arrest and not the grounds thereof and that too telephonically. 7. It has been stated in the third paragraph of the said notice that the content above is explained to the accused in Paite language which he knows, which fact is quite irrelevant as the grounds of arrest are to be intimated to the relative/friend/ nominated person of the accused person under Section 48 of BNSS and not to the accused, which was a requirement under Section 47 of the BNSS. Page No.# 4/5 8. A reading of the said notice also leads to the conclusion that even if it had been duly served upon the family members of the petitioner within time, the same still would not have amounted to a communication of the grounds of arrest of the petitioner to such relatives, as explained in a catena of decisions including Vihaan Kumar v. State of Haryana :2025 INSC 768. 9. The learned Public Prosecutor could not seriously dispute the above. Consequently, it is the view of this Court that the arrest of the petitioner is illegal and accordingly, he is entitled to be released on bail. 10. Accordingly, it is directed that the petitioner shall be released on bail on furnishing a bail bond of Rs. 1,00,000/- with two (2) local sureties of like amount each to the satisfaction of the learned Special Court, ND&PS Act, Aizawl Judicial District. 11. It is further provided that in the event of such release, it shall be open for the Investigating Officer to move an application for remand or custody along with reasons and necessity for the same after supplying the grounds of arrest in writing, setting forth the explanation for non-supply thereof to the arrested accused person within the stipulated timeline. On receipt of such application, the Magistrate/Court shall decide the same expeditiously and preferably within a week of submission thereof by adhering to the principles of natural justice, as laid down in Mihir Rajesh Shah v. State of Maharashtra & Anr. reported in Page No.# 5/5 (2025) SCC OnLine SC 2356. 12. The petition stands disposed of accordingly. JUDGE Comparing Assistant