Page No.# 1/5 GAHC010031492026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./497/2026 MADHURI DAS W/O BIJOY DAS R/O SHAYAMALI BAZAR, GB ROAD, P.S. A GARTALA WEST, DIST. WEST TRIPURA, TRIPURA. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 26.03.2026 Heard Mr. M.A. Choudhury, learned counsel appearing for the petitioner. Also heard Ms. K.K. Parasar, learned Addl. Public Prosecutor. 2. This is an application under Section 483 of the BNSS for granting bail to Page No.# 2/5 the petitioner who is in custody since 20.04.2025 in connection with Special (NDPS) Case No. 39/2025 pending in the court of Additional Sessions Judge, (FTC) arising out of Bazaricherra P.S. Case No. 62/2025 u/s 20(b)(ii)C/25/29 of Narcotic Drug and Psychotropic Substances Act, 1985 pending in the Court Ld. Additional Sessions Judge, Sribhumi. 3 The learned counsel for the petitioner has drawn the attention of this Court to the arrest memo of the petitioner to emphasize that there is no signature of any relative or any other witness to the arrest. He has also referred to the notice of information the ground of arrest issued under Section 48 of the BNSS to emphasize that although, there is a noting by the Arresting Officer that he did not get the relative of the accused person and therefore had sent a WT message from the local PS to the relative. The same does not disclose the name of the relative to whom the notice was addressed and further there is no record that the said WT message was served upon any relative, friend or family of the accused person. 4. The learned Addl. Public Prosecutor has gone through the scanned copy of the TCR available and has submitted that there is no record of the WT message having been served upon any person and that the arrest memo available in the scanned copy also does not reveal the name of the relative or witness, who may Page No.# 3/5 have been present at the time of the arrest of the petitioner. 5. In view of the settled position of law that when the mandatory provisions of Section 35 and Section 48 of the BNSS are not complied with, the arrest and detention of the arrested person becomes illegal. 6. In such a view of the matter, this Court is of the opinion that the petitioner deserves the benefit of a bail in view of the violation of the constitution mandates. The petitioner proclaims herself to be a resident of a locality which is beyond the territorial jurisdiction of the Trial Court. Accordingly, strict conditions are required to be imposed to ensure her presence during the trial. This Court directs that the petitioner shall be released on bail on furnishing a bond of Rs. 1 lakh with two sureties of the like amount at least one of whom shall be a Government servant serving either in the State or Central Government and another shall be a person with immovable property. The following conditions shall also be imposed upon the petitioner by considering her release on bail. i) The petitioner shall not leave the territorial jurisdiction of the Court Ld. Additional Sessions Judge, Sribhumi without prior written permission; ii) The petitioner shall not hamper and tamper with the evidence of the case; Page No.# 4/5 iii) The petitioner 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 him from disclosing such facts to the Court or to any police officer. iv) The petitioner shall surrender his passport, if any, and if not already surrendered before the Court Ld. Additional Sessions Judge, Sribhumi. v) The petitioner shall not try to contact any of the witnesses by any mode including telephone, social media etc. vi) The petitioner shall furnish the present residential address with proof to the Court Ld. Additional Sessions Judge, Sribhumi and shall not change the said residence without prior permission of the Court Ld. Additional Sessions Judge, Sribhumi. The Court Ld. Additional Sessions Judge, Sribhumi shall be at liberty to have the same verified in such manner as may be deemed fit. vii) The petitioner shall appear before the Court Ld. Additional Sessions Judge, Sribhumi as and when required to do so and in case of default, the Learned TRail Court shall be at liberty to form such opinion, including an opinion that the petitioner is trying to delay or escape the trial and on forming such opinion, the learned Trial Court would be at liberty to cancel the bail of the petitioner; viii) the Court Ld. Additional Sessions Judge, Sribhumi shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the Trial. ix) The petitioner shall not engage in any illegal activity of similar nature in the future. Page No.# 5/5 x) The prosecution 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. 7. The learned Trial Court shall be at liberty to impose such other conditions as and when necessary to ensure the presence of the petitioner during trial. 8. Accordingly, Bail Application stands disposed of. JUDGE Comparing Assistant