Page No.# 1/3 GAHC010013702026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./260/2026 ANDY KUKI ALIAS SATGOUGIN KIPGEN AND ANR S/O JAMPAO KUKI, R/O CHURACHANDPUR, P.S. CHURACHANDPUR, DIST. CHURACHANDPUR, MANIPUR, PIN 795128 2: SAMUEL KUKI @ SAMUEL LHUNGDIM @ LETCHINGMANG LHUNGDIM SON OF JAMPAO KUKI RESIDENT OF CHURACHANDPUR P.S. CHURACHANDPUR DIST. CHURACHANDPUR MANIPUR PIN NO. 79512 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. U NANDA,MR. MEHUL SHAH,MS. S. CHANDA,MS. K L R YANTHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 25.02.2026 Heard Mr. S. C. Biswas, learned counsel appearing for the petitioners. Also heard Mr. D. P. Page No.# 2/3 Goswami, learned Additional Public Prosecutor, Assam, 2. By this application filed under Section 483 of the BNSS, 2023, the petitioners, namely, (1) Andy Kuki @ Satgougin Kipgen and (2) Samuel Kuki @ Samuel Lhungdim @ Letchingmang Lhuyngdim, have prayed for release on bail, who are in custody in connection with Dholai P.S. Case No. 122/2025 corresponding to NDPS Case No. 117/2025 under Section 22(c)/25/29 of NDPS Act, 1985, pending in the court of the learned Additional District & Sessions Judge No. 3, Cachar, Silchar. 3. The scanned copy of the TCRs has been received and perused the same. 4. The learned counsel for the petitioners has submitted that the friend, family and relatives of the petitioners were not served with the notices under Section 48 of the BNSS, as required under the law and, therefore, the arrest and detention is vitiated. He has also submitted that the Arrest Memo does not contain the signature of any independent witness, family, friend or relative of the arrested persons and therefore also the arrest is vitiated. 5. The learned Additional Public Prosecutor has gone through the scanned copy of the TCR and though the notices under Section 47 of the BNSS etc. are available, but the notice under Section 48 of the BNSS being forwarded to the family, friend and relative of the petitioners is not called on record. 6. It is also noticed that although there is a reference to the WT message, there is no assertion that WT message have been served upon any of the family, friend and relative of the arrested persons. 7. In such circumstances, this Court is constrained to hold that the arrest and continued detention of the petitioners have become illegal. However, this Court cannot loose sight of the fact that there has been a alleged recovery of huge amount of contrabanned substances in the form of Yaba tablet from the accused persons. Therefore, this Court is also under obligation to ensure the proper participation of the petitioners, who have proclaimed themselves to be residents of localities beyond the jurisdiction of the Trial Court, is confirmed and ascertained by imposing strict conditions for ensuring their such appearance. 8. Therefore, this Court directs that the petitioners Andy Kuki @ Satgougin Kipgen and Samuel Kuki @ Samuel Lhungdim @ Letchingmang Lhuyngdim, who are in custody in connection with Dholai P.S. Case No. 122/2025 corresponding to NDPS Case No. 117/2025 under Section 22(c)/25/29 of NDPS Act, 1985, pending in the court of the learned Additional District & Sessions Judge No. 3, Cachar, Silchar be released on bail on furnishing bail bonds of Rs.1,50,000/- (Rupees One Lakh Fifity Thousand) each, with two suitable sureties of the like amount, at least one of whom shall be a Page No.# 3/3 Government Servant and at least one of whom shall have immovable property, within the jurisdiction of the learned Trial Court to the satisfaction of the said Court, subject to the following conditions: i) the petitioners shall appear before the learned Special Judge, on each and every date, as fixed by the learned Special Judge and also cooperate with the investigation as and when called upon; ii) the petitioners shall refrain from such activities with which they are alleged; iii) the petitioners shall not leave the territorial jurisdiction of the learned Special Judge, without prior written permission; iv) the petitioners shall not hamper and tamer with the evidence of the case; v) the petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer. vi) the petitioners shall provide their contact details including photocopies of their Aadhar Card or Driving License or PAN Card, mobile number, and other contact details before the learned Trial Court, if the same are not yet seized; vii) the learned Special Judge shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioners in the trial; viii) the prosecuting authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. 11. The bail application stands disposed of. JUDGE Comparing Assistant