Page No.# 1/3 GAHC010289322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./6/2026 SAJIRAN BIBI W/O LT ICHHAB SEKH, RO CHAZERKUPHI, PS DINHATA, DIST COOCH BEHAR, STATE- WEST BENGAL VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, MR. S SARKAR,MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 20.04.2026 Heard Mr. D. Medhi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor appears for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, Sajiran Bibi has prayed for releasing her on bail after she was Page No.# 2/3 arrested in connection with GRPS P.S. Case No. 174/2025 registered under Section 22(c) of NDPS Act. 3. The facts of the case is that the accused petitioner, namely, Sajiran Bibi was caught red handed while possessing contraband items i.e. 10000 YABA tablets total weighing 1.050 kg on 27.11.2025 at Gauhati Railway Station. 4. The learned counsel for the petitioner with reference to the Notice under Section 48 BNSS purportedly issued by the Arresting authority to the son of the accused namely, Sultan Ali, has drawn the attention of the Court in the column at serial No. 5 meant for the signature and mobile number of the informed person, only the mobile number has been mentioned and no signature of the informed person is available therein which prima-facie indicates that no notice under Section 48 of BNS, 2023 communicating the grounds of arrest to the relatives/friends/nominated person of the arrestee has been served. 5. A W.T. Massage dated 28.11.2025 is also available with the TCR which is addressed to the jurisdictional Police Station in the State of West Bengal which contains the grounds of arrest and the request has been made therein to inform the family members or relatives of the arrestee but there is nothing available on record to indicate that the said information was communicated to such family members/relatives. 6. Furthermore, a perusal of the Arrest Memo also shows that in the column meant for signature of witnesses, the signature of LNK 457 Jayanta Das, a police personnel, is available but he is not a relative of the accused person or a respectable person of the locality where the arrest has been effected, as required under Section 35 of BNS, 2023. Page No.# 3/3 7. From the above, it appears that there has been clear violation of the provisions of Section 35 BNS, 2023 as well as Section 48 BNS, 2023 and considered in the light of the decision of the Hon’ble Apex Court in Vihaan Kumar Vs State of Haryana reported in 2025 SCC Online SC 269, the arrest of the petitioner has been rendered illegal. 8. Therefore, notwithstanding the provisions of Section 37 of the NDPS Act, the petitioner would be entitled to be released on bail. Accordingly, it is directed that the petitioner, Sajiran Bibi shall be released on bail of ₹1,00,000/- (Rupees one lakh) only with two sureties of like amount to the satisfaction of the learned District and Sessions Judge, Kamrup (Metro) in connection with GRPS P.S. Case No. 174/2025 registered under Section 22(c) of NDPS Act. 9. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant