Page No.# 1/3 GAHC010086712026 2026:GAU-AS:7702 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1183/2026 PARGAT SINGH AND ANR S/O JAGVEER SINGH, R/O KESAR SINGHWALA, PS DIYALPURA, DIST BATHINDA, PUNJAB 2: SANDEEP SINGH S/O BALVEER SINGH R/O WARD NO 1 5 JDW JANDAWALI PS AND DIST HANUMANGARH RAJASTHA VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. A TARAFDAR,MR A W AMAN,MD A RAHMAN,A MISHRA,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 03.06.2026 Page No.# 2/3 1. Heard Mr. S. Nawaz, learned counsel for the petitioners namely, (i) Pargat Singh, and (ii) Sandeep Singh, who have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 11.12.2025 in connection with NDPS Case No. 30/2026 under Sections 18(b)/29 of the NDPS Act. 2. Heard Ms. A. Begum, learned Additional Public Prosecutor for the respondent State. 3. It is submitted on behalf of the petitioners that the notice under Section 48 of the BNSS has not been properly served. A family friend June Deka who has affixed his signature on the notice under Section 48 of the BNSS, 2023 is not known to the petitioners. It is submitted that the petitioners have never appointed June Deka. To this effect, an affidavit was also sworn in by the petitioners before the Trial court that they have never nominated June Deka and have not authorized him to accept notice under Section 48 of the BNSS, 2023. 4. Per contra, the learned Additional Public Prosecutor has raised serious objection stating that the petitioners were caught red handed while transporting more than 9 kgs of Opium in a truck. One petitioner i.e., Pargat Singh is from Punjab whereas, the other petitioner i.e., Sandeep Singh is from Rajasthan. The family members could not be communicated within the prescribed time period of 2 hours before remand. 5. It is also submitted that vide order dated 02.04.2026 in B.A. No. 58/2026, the learned Special Judge, NDPS, Karbi Anglong has already rejected the petitioners bail prayer on similar ground by not accepting the affidavit sworn in by the petitioners that the petitioners have not nominated or authorized June Deka to receive notice under Section 48 of the BNSS. Page No.# 3/3 6. I have also scrutinized the scanned copies of the Case Diary. 7. The petitioners have challenged that they have never authorized June Deka to accept notice under Section 48 of the BNSS, but after going through the scanned copies of the Case Diary as well as the scanned copies of the Trial Court Records, it appears that June Deka has accepted notice on being nominated by the petitioners under Section 48 of the BNSS. 8. At this juncture, it cannot be held that the petitioners right to personal liberty has been infringed as notices were not properly served to the family members of the petitioners or to any friend acquainted with the petitioners. 9. Thereby, the petitioners prayer for bail on the ground of non service of notice under Section 48 of the BNSS is rejected at this stage with a liberty to the petitioners to challenge that they have not authorized June Deka to accept notice on their behalf before the Trial Court or at any later stage. 10. In terms of the above observation, this bail application stands disposed of. JUDGE Comparing Assistant