Page No.# 1/7 GAHC010085702026 2026:GAU-AS:6642 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1151/2026 YOUNUS KHAN ALIAS YUNUS KHAN AND ANR S/O DULAR KHAN, R/O AFTAB UDDIN LANE, WARD NO 10, PS DHUBRI, DIST DHUBRI, ASSAM, PIN- 783301 2: YUSUB KHAN ALIAS YOUSUF KHAN S/O DULAR KHAN R/O AFTAB UDDIN LANE WARD NO 10 PS DHUBRI DIST DHUBRI ASSAM PIN 78330 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. SANU HUSSAIN, MS. J. A. RAHMAN,MS P BARMAN Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 13.05.2026 Heard Mr. S Hussain, learned counsel for the petitioners. Also heard Mr. Page No.# 2/7 R.R Kaushik, learned Public Prosecutor for the State of Assam. 2. This application under Section 483 of the BNSS, 2023, has been filed by the accused petitioners, namely, Younus Khan @ Yunus Khan and Yusub Khan @ Yousuf Khan, praying for grant of bail in connection with Dhubri P.S. Case No. 330/2025, under Sections 22(C)/27 of the NDPS Act. 3. An FIR was lodged on 28.07.2025 by one Moanty Basumatary, S.I., Dhubri Police Station alleging that on 27.07.2025, after receipt of information of drug peddlers, namely, Younus Khan, the police team arrived at the house of the said Younus Khan and conducted a search operation, after search, the police seized about 34 nos. of bottles of Phensigrip Anti-Allergic Anti Tussive Dry Cough Syrup from the bag of Yusub Khan and 17 nos. of bottles of Phensigrip Anti Allergic Tussive Dry Court Syrup from the bag of Younus Khan and both are brothers. 4. After receipt of the FIR, Dhubri P.S. Case No. 330/2025, under Sections 22(C)/27 of the NDPS Act was registered against the accused persons named in the FIR. Subsequently, after investigation, the police on the basis of the statement made by the arrested person, namely, Jannatul Islam, the accused- applicants, were arrested on 02.08.2025 and since then they are behind the bars. Page No.# 3/7 5. After investigation, the police filed a Charge Sheet vide C.S. No.354/2025 dated 28.09.2025 against 3 (three) accused persons including the present 2 (two) petitioners. Subsequently, charge was framed under Section 22 (c)/27 of the NDPS Act against the present petitioners. 6. An earlier Bail Application No. 3954/2025 was rejected by this Court by Order dated 23.04.2026. The instant bail application has been preferred on a new ground. 7. It is further submitted that the accused/petitioners were detained/apprehended by the police personnel in connection with the instant case on 28.07.2025 prior to 02:20 a.m. in the morning and as per seizure the list of this instant case vide MR No. 196/2025 the date and time of seizure is 01:00 a.m. dated 28.07.2025 but they were produced before the learned Court below after 10:30 a.m. on 29.07.2005, which is beyond 24 (twenty four) hours i.e., after 32 hours, and it is a violation of the fundamental rights of the accused/petitioners. 8. Upon perusal of the record, I find merit in the submissions made by the learned counsel for the petitioners. 9. Since the petitioners were effectively detained at 02:05/02:20 a.m. on Page No.# 4/7 28.07.2025, they ought to have been produced before the nearest Magistrate by 02:20 a.m. on 29.07.2025. Even allowing for travel time, he should have been brought before the Duty Magistrate by 3:00 a.m. at the latest, in the event of a failure to produce them during court hours on 28.07.2025. 10. In the case of Directorate of Enforcement Vs Subhash Sharma, reported in AIR Online (2025) Supreme Court 355, the Apex Court held that the arrest gets vitiated on completion of 24 hours in custody without being produced before the nearest magistrate. The Court further held that once a Court while dealing with the bail application, finds that the fundamental rights of the accused under Article 21 & 22 of the Constitution of India have been violated while arresting the accused or after arresting him, it is the duty of the Court dealing with the bail application to release the accused on bail. The reason is that the arrests in such cases stand vitiated. 11. This Court therefore is of the opinion that, the arrest and remand of the petitioners were in violation of the rights guaranteed to the petitioners under the provisions of Article 22 of the Constitution of India. 12. In the aforesaid circumstances, this Court is of the view that strict conditions of releasing the petitioners on bail are required to be imposed to ensure their participation in the trial and also to ensure that they appears before Page No.# 5/7 the Learned Trial Court as and when and if the petitioners are put up for trial. This court therefore directs that the petitioners be released on bail on furnishing a bond of Rs 1,00,000/- (rupees one lakh only) with two suitable sureties of the like amount, at least one of who shall be a government servant serving either with the Government of Assam or with the Central Government and at least one who should have immovable property, to the satisfaction of the Learned Special Judge, NDPS, Dhubri under the following conditions: i) The petitioners shall not leave the territorial jurisdiction of the trial court and/or the learned Special Judge, NDPS, Dhubri without prior written permission; ii) The petitioners shall not hamper and tamper with the evidence of the case; iii) The petitioners 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 them from disclosing such facts to the Court or to any police officer. iv) The petitioners shall surrender their passport, if any (if not already surrendered), before the Learned Special Judge, NDPS, Page No.# 6/7 Dhubri. v) The petitioners shall not try to contact any of the witnesses by any mode including telephone, social media etc. vi) The petitioners shall furnish the present residential address with proof to the Learned Special Judge, NDPS, Dhubri and shall not change the said residence without prior permission of the Learned Special Judge, NDPS, Dhubri. Learned Special Judge, NDPS, Dhubri shall be at liberty to have the same verified in such manner as may be deemed fit. vii) Learned Special Judge, NDPS, Dhubri shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioners in the trial. viii) The petitioners shall not engage in any illegal activity of similar nature in the future. 13. Accordingly, this Bail Application is allowed and disposed of. JUDGE Page No.# 7/7 Comparing Assistant