Page No.# 1/4 GAHC010028972026 2026:GAU-AS:3954 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./477/2026 NAWAZ SHRIF AND ANR S/O KABIR R/O LILONG TAMYA SUMONG P.S. LILONG DISTRICT THOUBAL, MANIPUR 2: MUSSTT. WAHIDA W/O RAJAUDDIN R/O LILONG TUREL AHANBI P.S. LILONG DISTRICT THOUBAL MANIPU VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:THE STATE OF ASSAM REP BY THE PP ASSA Advocate for the Petitioner : MS. A. MEDHI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 18.03.2026 Page No.# 2/4 Heard Ms. A Medhi, learned counsel appearing for the petitioner. Also heard Ms. S.H. Bora, learned Addl. P.P for the State. 2. This is an application under Section 483 of BNSS, 2023 praying for granting bail to the petitioners who were arrested on 18.08.2025 in connection with NDPS Case No. 110/2025 pending in the Court of the learned Special Judge, NDPS, Diphu, Karbi Anglong arising out of Dillai P.S. Case No. 44/ 2025 under Sections 21 (c)/ 25/ 29 of NDPS Act R/W Sections 61 (2)/ 123 of BNS’ 2023. 3. The learned counsel for the petitioner has submitted that the notice mandated under Section 48 of the BNSS had not been served on any person who was a relative, family or friend of the petitioner. 4. On a perusal of the scanned copy of the TCR, this Court notices that indeed there is nothing on record to show that the notices under Section 48 of the BNSS had been served on any family, relative or friend of the petitioners. 5. The learned Addl. P.P. has drawn attention of this Court to the W.T. message sent from the SHO, Dillai Police Station to SHO, Lilong PS, requesting him to inform the guardian of the arrested persons, but there is nothing on record to show that the notice under Section 48 of the BNSS was served upon family, relative or friend. 6. It is settled position in law that when the notice under Section 48 of the BNSS has not been served in the manner prescribed in law, the continued Page No.# 3/4 detention thereafter becomes illegal and the arrested persons would be entitled to the benefit of bail. 7. It is also noticed that the petitioner has been in custody since 18.08.2025. Taking into account the length of detention and the failure of the arresting authority to abide by the mandate of section 48 of the BNSS, this Court of the opinion that the accused petitioner can be allowed the privilege of bail. 8. Accordingly, it is directed that the accused applicant shall be released on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lakh) with a surety of like amount to the satisfaction of Special Judge, NDPS, Diphu, Karbi Anglong subject to the following conditions- (i) That the accused applicant shall co-operate in the trial of NDPS Case No. 110/2025, under Section 21(c)/25 /29 of NDPS Act; (ii) That the accused applicant shall appear before the Trial Court as and when so required by the Trial Court; (iii) That the accused applicant shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present accused applicant; (iv) That the accused applicant shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card as well as, mobile number, and other contact details before the Trial Court; Page No.# 4/4 (v) That the accused applicant shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the accused applicant shall submit his address and contact details during such leave before the Trial Court; and (vi) That the accused applicant shall not commit any offence while on bail. 9. It is however, provided that in case the investigating authority or the prosecution comes to a finding that the notices under Section 48 BNSS, had in fact been served upon any family, relatives or friend of the petitioners, the same shall be brought to notice and upon such fact being brought to notice, appropriate orders, including cancelling the bail granted today may be passed. 10. This bail application stands disposed of. JUDGE Comparing Assistant