Page No.# 1/5 GAHC010069742026 2026:GAU-AS:6366 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1055/2026 GWMSEN BASUMATARI SON OF SRI JOLESWAR BASUMATARI RESIDENT OF KUKURBHUKIA VILLAGE, P.O - PATHAKPUR, P.S - MAZBAT, DISTRICT - UDALGURI - 784507, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR TO THE STATE OF ASSAM. Advocate for the Petitioner : R BHUYAN, N J DAIMARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 08.05.2026 Heard Mr. N.J. Daimari, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Gwmsen Page No.# 2/5 Basumatari, has prayed for bail in connection with NDPS Case No. 164/2025 (arising out of Uluoni P.S. Case No. 15/2025), pending in the court learned Additional District and Sessions Judge No. 3, Nagaon. 3. The petitioner was arrested on 07-03-2008. 4. The learned counsel for the petitioner straight away takes the Court to the notice under section 47/48 BNSS annexed to the petitions and submits that it does not have details regarding the grounds of arrest. The case is stated to be presently at the stage of trial but charge has not yet framed. 5. The scanned TCR has been received. 6. From the scanned TCR, I perused the notices under section 47/48 BNSS, given at the time of arrest of the petitioner on 07.03.2025. NOTICE U/S-47 BNSS Ref: Dhekiajuli PS Case No. 15/2025, U/S- 20(b)(ii)(c) of NDPS Act, 1985. To, Gwmsen Basumatary (34 yrs) S/O- lt. Joleswar Basumatary Page No.# 3/5 Vill- Kukurdhuka PS-Mazbat Dist Udalguri (Assam) You are hereby informed in written that you are arrested in connection with above noted case as sufficient evidence have been found against you involving to the case. The offence charged on you is no bailable one. So, you are forwarded to the court custody on 07.03.2025 and the ground of arrest is communicated as per the provision of law. You may proceed to Hon’ble court for your bail. Signature of the arrest accused person Signature of the arresting Police Officer. 7. Ever since the law laid down by the Hon’ble Supreme Court in case of Prabir Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana, reported in (2025) SCC Online SC 269, it has been reiterated in several decisions of the Supreme Court as well as different High Courts including this Court that all these procedural requirements have to be followed at the time of the arrest. 8. Thus, the arrest memo must contain signature of the arrestee as well as witnesses in terms of section 36 BNSS. The notice under section 47 BNSS should have grounds of arrest in reasonable detail and specific to the arrested person and written or explained to him in a language that he understands. Further, the notice under 48 BNSS also must have such Page No.# 4/5 grounds of arrest and delivered to the family member or nominated person of the arrested person. These procedural requirements have been held to be mandatory by the Hon’ble Supreme Court and several decisions of this Court in terms of Article 22 of the Constitution of India. It has been held in several decisions that failure to comply with these procedural requirements could constitute fatal infirmity in the arrest procedure thereby making the further under-trial or pre-trial detention of the accused untenable and requiring him to be released on bail, without going into the merits of his case for bail. 9. In serious matters pertaining to drugs etc., it is even more crucial to comply with these procedural requirements so that if the accused is genuinely required to be detained in custody, then such an exercise is not defeated on technical grounds due to infirmities in the arrest procedure. 10. The law in this regard has already been crystallized and therefore, in the present times in 2025-26, there would be no justification or excuses for not complying with these procedural requirements. The law enforcing authorities have also invested in trainings regarding the same. 11. Coming back to the facts of this case, in view of the aforesaid nature of the notice under section 47 BNSS, the same is vitiated and constitutes a fatal procedural infirmity in the arrest of the accused at the time of arrest of the accused. 12. In the given facts and circumstances and in terms of the governing law, he is required to be granted bail as his further pre-trial detention is Page No.# 5/5 untenable. 13. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with NDPS Case No. 164/2025 (arising out of Uluoni P.S. Case No. 15/2025), pending in the court learned Additional District and Sessions Judge No. 3, Nagaon, on furnishing bail bond of Rs.75,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court (Additional Sessions Judge No. 3, Nagaon). 14. The direction for bail is further subject to the conditions: (a) That the petitioner shall not abscond; (b) That the petitioner shall be available during the remaining trial; (c) That the petitioner shall not hamper or tamper with evidence; (d) That the petitioner shall not intimidate or harass or try to influence any witnesses; and (e) That the petitioner shall not indulge in any illegal activity, including under the NDPS Act. 15. Violation or breach of any condition(s) shall entail cancellation of bail. 16. With the above observations, this bail petition stands allowed and disposed of accordingly. 17. A copy of this order shall be sent to the learned Superintendent of Police, Nagaon for information, needful and also for further training of the police personnel, if so advised. JUDGE Comparing Assistant