Page No.# 1/2 GAHC010254332025 2026:GAU-AS:843 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3744/2025 SRI MANILAL MALAKAR SON OF SRI LAKSHIRAM MALAKAR R/O VILL- RAJYESHWARPUR PART-I, P.S. KATIGORAH, SILCHAR, DIST. CACHAR, ASSAM, PIN-788816 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, DIRECTORATE OF REVENUE INTELLIGENCE, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : SC, DRI, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 27.01.2026 Heard Mr. B.K. Mahajan, the learned counsel appearing for the petitioner. Also heard Ms. P.S. Chakraborty, the learned Special Public Prosecutor, DRI. 2. This is the second bail application under Section 483 of the BNSS, 2023 in Page No.# 2/2 respect of NDPS P.S. Case No.58/2025 pending in the court of the learned Sessions Judge, Cachar, Silchar by which the petitioner Manilal Malakar has prayed for releasing him on bail. 3. His earlier bail application was rejected by this Court on 15.07.2025 vide Bail Application No.1785/2025. 4. When the petitioner was arrested by police, he was given the opportunity to talk to his wife over phone. At that time, this Court held that the provision of law under Sections 47 & 48 of the BNSS, 2023 were complied with. Today, Mr. Mahajan has submitted that the mandate of Article 22(1) of the Constitution of India speaks of a written communication, not of any telephonic communication. Referring to Vihan Kumar v. State of Haryana & Anr., reported in 2025 SCC OnLine SC 269, Mr. Mahajan has submitted that requirement of communicating the ground of arrest in writing is not only to the arrested person but also to the friends, relatives or such other person as may be disclosed or nominated by the arrested person, so as to make the mandate of Article 22 (1) of the Constitution meaningful and effective, failing which, such arrest may be rendered illegal. 5. I have considered the submissions made by the learned counsel of both sides. 6. Today, this Court is of the opinion that Section 47(1) and 48(1) of the BNSS, 2023 were not complied with at the time of arrest of the petitioner. Therefore, his detention is bad in law. The bail application is allowed. 7. The petitioner Manilal Malakar shall be released on bail of ₹50,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Cachar, Silchar. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant