Page No.# 1/5 GAHC010226682025 2026:GAU-AS:1596 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3302/2025 MD ALI AHMED AND ANR S/O- MD. NIMAR ALI, R/O- 1 NO. KHAGIRIJAN, NAKHUTI BAZAR, P.S- LUMDING, DISTRICT- HOJAI, ASSAM. 2: MOHAMMAD AJAZ @ AJAD KHAN S/O- MOHAMMAD TAME R/O- HAYELLABUK MANING LEIKEI P.S- THOUBAL DISTRICT- THOUBAL MANIPUR T/ADDRESS- GOLLASAIL P.S- R.K NAGAR DISTRICT- SRIBHUMI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MS. A. MEDHI, Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 05.02.2026 Heard Ms. A. Medhi, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State. 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the petitioners in connection with Dillai PS Case No. 47/2025 under Sections 21(c)/25/29 of NDPS Act r/w Sections 61(2)/123 of BNS, 2023. 3. The brief facts of the case is that on 27.08.2025 the complainant SI Mintu Saikia has lodged a written FIR at Dillai Police Station to the effect that on 26.07.2025 based on specific information a special naka checking duty was carried out and at about 09:30 PM, while conducting Naka checking duty on NH- 19 at 6th Mile near Forest Beat Office under Lahorijan PP, Dillai PS jurisdiction one 16 (Sixteen) wheeler truck bearing Registration No. AS-02-DC-6129 coming from Dimapur side and heading towards Dillai side was signaled to stop for checking and during checking UBC/205 Surajit Mech has noticed a secret chamber behind the driver's seat of the vehicle and suspected that some suspected substances might have concealed inside the secret chamber of the vehicle as input received from reliable sources. Hence, SDPO Bokajan was informed and SDPO Bokajan along with 01 Section of 8/119 CRPF have arrived at 6th mile naka checking point and SDPO Bokajan has provided authorization to SI Mintu Saikia to conduct search and seizure of suspected narcotics Page No.# 3/5 substances. After obtaining authorization SI Mintu Saikia has served the notice u/s 50 of NDPS Act to the Driver and the co-driver and they identified themselves as Ali Ahmed and Mohammad Ajaz Khan. The personal search of the suspect driver was conducted in presence of Sri Rustom Raj Brahma, APS, SDPO Bokajan and during their personal search, One key of 16 Wheeler vehicle bearing Registration No. AS 02 DC 6129, One Vivo Mobile handset vide IMEI No. 867791068138334/05 & 867791068138326/05 containing 02(two) SIM cards bearings contact No. 9085597868(Airtel) and 6003080824(Jio), One Realme 10 Pro 5G Mobile Handset Vide IMEI: 865493064988356/29 & 865493064988349/29 containing 02(two) SIM Card bearing contact no. 8413946367(Airtel) and 8132043298 (Airtel) belongs to Azad Khan were recovered from their possession. On thorough searched of the Bharat Benz bearing Registration No. AS 02 DC 6129 recovered 10 (Ten) packets of Brown colour non transparent polythene containing muddy colour powdery substances suspected to be Morphine weighing total 10.712 kgs which was concealed inside the secret chamber built behind the driver's seat of the Bharat Benz bearing Registration No. AS-02DC-6129. On receipt of the FIR, a case being Dillai P.S Case No.47/2025 under Section 21(c)/25/29 of NDPS Act R/W Sections 61(2)/123 of BNS' 2023 was registered. 4. It is contended that there has been clear violation of the mandate of Section 48 BNSS which requires intimation of the grounds of arrest in writing to the family members/friend/nominated person of the arrestee, in as much as, the said notice has been sent by WT message, but there is no proof of service. 5. A perusal of the WT message reveals that the same was sent by the O.C, Page No.# 4/5 Dillai PS to the O.C, R.K. Nagar PS, Sribhumi, Assam/O.C Thoubal (Manipur) and the same is dated 27.08.2025 i.e. on the date of their arrest. It has been stated in the said message that the ground of arrest has been mentioned in the said WT message. It also appears there from that one of the petitioners has temporary address at Golasail PS RK Nagar District, Sribhumi, Assam and the other accused petitioner Md. Ali Ahmed is a resident of Khagarijan, Nakhuti Bazar, PS Lumding District, Hojai, Assam. But as contended by learned counsel for the petitioner, there is nothing to show that the concerned Police Station, both of which are located within Assam, had in fact served copies of the said notice to the family member/friend/nominated person of the arrestees. Therefore, there is no option but to hold that there has been non-compliance with the provision of Section 48 BNSS and the same is in contravention of the direction of the Hon’ble Apex Court in Vihaan Kumar Vs. State of Haryana & Another, reported in 2025 LiveLaw (SC) 169. 6. Considering the above, the prayer for bail is allowed. 7. Accordingly, it is directed that the petitioners, namely, Md.Ali Ahmed and Mohammad Ajaz Khan, shall be released on bail of Rs. 100,000/- (Rupees one lakh) each with two sureties for like amount, one of whom shall be a Government Servant, to the satisfaction of the concerned Court below, in connection with the aforesaid case. 8. It is further provided that it shall be open for the I.O to proceed as per the direction of the Apex Court in Mihir Rajesh Shah Vs. State of Maharashtra & Another reported in (2025) SCC OnLine SC 2531, if the Page No.# 5/5 petitioners are required to be taken into custody by filing appropriate application before the concerned Court below. 9. The Bail Application stands disposed of accordingly. JUDGE Comparing Assistant