Page No.# 1/3 GAHC010276162025 2026:GAU-AS:1797 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4060/2025 AZIZUL RAHMAN AND 2 ORS S/O LATE KORBAN ALI, PERMANENT R/O VILL. CHILARBHITA, PRESENTLY RESIDING AT VILL. TARANGAPUR, BOTH ARE UNDER P.S. LAKHIPUR, DIST. GOALPARA, ASSAM. 2: RUMISA KHATUN W/O AZIZUL RAHMAN PERMANENT RESIDENT OF VILL- CHILARBHITA PRESENTLY RESIDING AT VILL- TARANGAPUR UNDER P.S. LAKHIPUR DIST. GOALPARA ASSAM 3: ABU BASIT SIKDER S/O ABDUL JUBBAR SIKDAR RESIDENT OF VILL- NIDANPUR PART-II P.S. LAKHIPUR DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. M ALI, H R KHAN,MD. ANARUL ISLAM,MR. J UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE Page No.# 2/3 HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 10.02.2026 Heard Mr. M. Ali, learned counsel appearing for the accused-applicants. Also heard Mr. RJ Baruah, learned Addl. Public Prosecutor appearing for the State respondent. 2. This is an application under Section 483 BNSS, 2023, has been filed by the accused – applicants, namely, (i) Azizul Rahman, (ii) Rumisa Khatun and (iii) Abu Basit Sikder, praying for grant of bail in connection with Lakhipur P.S. Case No. 80/2025, under Sections 21(A)/22(b)/22(C)/25/29 of the NDPS Act. 3. The gist of the allegation as narrated in the FIR lodged on 13.06.2025 by one SI(P), namely, Dawseng Taifa of Lakhipur P.S. before the Officer-in-Charge of Lakhipur Police Station alleging inter alia that on the basis of secret information, the police team proceeded to the place of occurrence and searched the house of the accused – applicant, Azizul Rahman @ Ajijur Hoque and one Rumisa Khatun, the wife of the said Azizul Rahman as well as one Jahangir Alom. From the house of the aforesaid persons, the police recovered and seized 420 nos. of SEMPlX+ capsules from the house of the Jahangir Alom and 10,800 of SEMPLX+ capsules, 21 vials OF suspected heroin (net 1.84 gms) and 2.039 kgs of ganjas were also seized from the house of Azizul Rahman. On receipt of the FIR, Lakhipur P.S. Case No. 80/2025 under the aforementioned sections was registered against the accused-applicants. 4. During the investigation, the accused – applicant no. 1 implicated the involvement of the accused – applicant no. 3 also and thereafter, the accused – applicant nos. 1 and 2 were arrested on 13.07.2025 and the accused - applicant no. 3 was arrested 24.07.2025. Since then the accused applicants are behind Page No.# 3/3 the bars. 5. Mr. Ali, learned counsel appearing for the accused – applicants submits that Notices under Sections 47 and 48 of the BNSS, 2023 were not given to the accused – applicants and their families at the time of arrest. Therefore, the arrest is in violation of the mandates of Article 22(1) of the Constitution of India. He further submits that TCR in the instant case was called for to find out whether the aforesaid notices were served upon the accused – applicants and their family members or not. 6. The TCR in the instant case has already been produced before this Court and the after perusal of the same, it is found that the said Notices under Sections 47 & 48 are duly served on the accused – applicants and their family members at the time of their arrests. 7. Mr. R.J. Baurah, learned Additional Public Prosecutor opposes the bail. 8. This Court, after considering all the materials available before this Court, is of the considered opinion that the rigours of Section 37 of the NDPS Act shall be applicable in the instant case and there is no material available before this Court to dispense with the conditions of Section 37 of the NDPS Act. 9. Accordingly, the instant bail application is rejected as disposed of at this stage. 10. TCR so received to be sent back. JUDGE Comparing Assistant