p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3067 of 2026 Firaz Saifi @ Feroz Saifi … Petitioner Mr. S. Sahoo, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):29.06.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Podia PS Case No.10 of 2025 corresponding to Spl. GR Case No.22 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri, for commission of offences punishable U/Ss.20(b)(ii)(C)/29 of NDPS Act. 3. Heard, Mr. Sarbeswar Sahoo, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 4. The petitioner has in fact set up plea of non- compliance of Section 47 of BNSS r/w Article 22(1) of the Constitution of India for grant of bail to him. According to Article 22(1) of the Constitution of India, the accused as soon as arrested may be informed of grounds of such arrest, otherwise his detention in custody would be illegal. In this case, the affidavit filed by the arresting officer reveals at paragraph-6 that at p. 2 the time of arrest, the petitioner was well informed about his involvement in crime and after knowing very well, the document (arrest memo) was prepared for his arrest and he has also put his signature in presence of witness Mantu Mandal, which itself proves that the petitioner is well aware about his arrest by the investigating officer. What should be communicated as grounds of arrest have been laid down in Section 47 of BNSS and that is the particulars of the offences, however, a perusal of the arrest memo appended under Annexure-A to the affidavit discloses no grounds of arrest to have been stated therein, rather it reveals the circumstance of arrest in brief as “in connection with the above referred case”. Law mandates that the arrestee must be informed of his grounds of arrest as soon as possible prior to two hours before his production in the Court and such communication must be made to him in the language he (arrestee) understands. In this case, the petitioner has appended his signature in Hindi, but the arrest memo under Annexure-A has been prepared in English and that too, no grounds of arrest have been enumerated therein. 5. In such circumstance, this Court held that the arresting officer has failed to comply the provision of Section 47 of BNSS r/w Article 22(1) of the Constitution of India, which enure to the benefit of the petitioner for grant of bail. In the aforesaid facts and circumstances and failure of the arresting officer to comply the p. 3 provision of Section 47 of BNSS r/w Article 22(1) of the Constitution of India, this Court has no option left but to grant bail to the petitioner. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer