Page No.# 1/4 GAHC010051832026 2026:GAU-AS:4215 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./765/2026 NURMAHAMMAD ALI S/O. ISMAIL ALI,R/O. SONATARI,P.O. PACHIM MAJDIA,P.S. TARABARI,DIST- BARPETA, ASSAM.MOB. 84532 37308PIN-781305. VERSUS THE UNION OF INDIA REPRESENTED BY THE LEARNED SPECIAL PP, NARCOTICS CONTROL BUREAU Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 24-03-2026 Heard Mr. A. K. Ahmed, learned counsel for the petitioner. Also heard Mr. R. K. D. Choudhury, learned DYSGI cum Standing counsel, NCB. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioner, namely, Nurmahammad Ali praying for grant of bail in Page No.# 2/4 connection with NDPS Case No.34/2022 under Sections 21(C)/29 of NDPS Act, 1985 and corresponding to NCB Crime No. 14/2022 pending before the learned Special Judge, Rangia, Kamrup. 3. The allegation in the FIR is about recovery of commercial quantity of contraband in the nature of heroin from a vehicle bearing Registration No. AS01FA4617 in which the present petitioner and another co-accused were travelling. 4. Learned counsel for the petitioner mainly contends that he has been in under trial detention for a considerable period and though trial has proceeded but only five witnesses have been examined out of the listed 13 witnesses. It is submitted that he shall abide by any conditions imposed in granting bail. 5. This is a subsequent bail petition as the earlier bail petition was rejected on 24.11.2025 passed by this Court in BA/3115/2025. In this subsequent bail petition, the petitioner is seeking the benefit of non-compliance with the requirement of notice under section 50 CrPC. A copy of the notice under Section 50 CrPC, at the time of his arrest on 03.06.2022 has been annexed. The said notice may be reproduced herein below: “Notice under section 50 of CrPC Shri: Nur Mahammad Ali S/o: Shri Islam Ali Village: Sonatari Post Office: Pachim Majdia Police station: Tarabari Page No.# 3/4 District: Barpeta, Assam-781305 Crime no.: 14/2022 Section: U/S 8 (c) of the NDPS Act, 1985 which is punishable u/s 21 (c) and 29 of the NDPS Act, 1985 (as amended) You are hereby informed that you are arrested in connection with the above reference case and the case is cognizable and non ballable. So, you are forwarded to the court. You may submit petition before the Hon'ble Court for your bail.” 6. The scanned TCR as called for has been received. 7. Mr. Choudhury, learned DYSGI cum Standing counsel, NCB fairly submits that the notice which has been annexed with the petition is the same notice which has been found in the case record. Prosecution however submits that in the event of granting bail, certain stringent conditions be imposed so that the petitioner does not abscond. 8. Mr. Ahmed, learned counsel for the petitioner has relied on the order dated 12.02.2026 in BA/130/2026 pertaining to the same case being NCB Crime No. 14/2022 whereby on similar grounds, the co-accused was granted bail. 9. It is well settled by now in terms of the laws laid down in the following cases - (i) Prabir Purkayastha Vs. State (NCT of Delhi) reported in 2024 SCC Online SC 934; (ii) Vihaan Kumar Vs. State of Haryana reported in 2025 SCC Online SC 269 (iii) Mihir Rajesh Shah Vs. State of Maharashtra & Anr reported in (2026) 1 SCC 500 - the grounds of arrest in reasonable detail and specific to the person have to be furnished to the arrestee so as to fulfil the mandate of Article 22 (1) of the Constitution of India. In the event of such failure, the continued under trial detention of the petitioner would be untenable and he would liable to be granted bail and this would be so, even if there are statutory bars on bail Page No.# 4/4 such as section 37 NDPS Act. In the instant case, the aforesaid nature of the notice, which incidentally was the usual format at that time, would not satisfy the mandate of law laid down in these decisions, which have not being held to be only prospective. 10. Accordingly, the petitioner is liable to be granted bail at this stage. In any event, he is in custody since 02.06.2022 and there is also progress in the trial. Accordingly, the accused is hereby allowed to go on bail on furnishing a bail bond of Rs. 75,000/- (rupees seventy five thousand only) with one surety of like amount to the satisfaction of the learned concerned court below, subject to the following conditions that :- (i) the petitioner shall not abscond; (ii) the petitioner shall be available for the remaining trial; (iii) the petitioner shall not hamper or tamper with the evidence. (iv) the petitioner shall not commit any illegal activities, including any activity of obtaining or peddling of illegal drugs. 11. Violation of any of the bail conditions would entail cancellation of the bail. 12. Bail petition stands disposed of. JUDGE Comparing Assistant