Page No.# 1/4 GAHC010065482026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./907/2026 SAHABJEE TRIPURA S/O PANDIT KRISHAN TRIPURA, R/O BAIKHORA, JALAIBARI, P.S. JALAIBARI, DIST. SOUTH TRIPURA, TRIPURA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MR. A AHMED,MISS. P M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 08.06.2026 Heard Mr. M. A. Choudhury, learned counsel appearing for the accused- applicant. Also heard Mr. P.S. Lahkar, learned Addl. P.P., appearing for the State respondent. 2. This is an application, filed under Section 483 of the BNSS, 2023, praying for Page No.# 2/4 granting bail to the accused-applicant in connection with Special (N) P.S. Case No. 92/2024, arising out of Bazarichera P.S. Case No. 146/2024, registered under Section 20(b)(ii)C/25/29 of NDPS, 1985, pending in the Court of learned Special Judge, Sribhumi. 3. The allegation made in the FIR lodged in Bazarichera P.S. on 02.09.2024 is that a total amount of 102 kgs of Ganja was seized from the truck which was driven by the accused-applicant. 4. The accused-applicant had on an earlier occasion, approached this Court for granting bail, vide Bail Appln. No. 3584/2025, which was rejected by this Court on 02.12.2025. 5. TCR in the instant case has already been received. 6. The learned counsel for the accused-applicant submits that in the instant case, no proper service of notice under Section 47 to the accused-applicant was done. He submits that no grounds of arrest have been specifically mentioned in the notice which has been made under Section 47 of the BNSS to the accused-applicant. He further submits that there is also a violation of Section 48 of the BNSS, as no such notice has been issued to any of the family member or a relative or a friend of the accused-applicant in the instant case. He further submits that there is also a violation of Section 36 of the BNSS as no attestation from any witness, either a respectable person of the locality or any of his relatives has been taken in the arrest memo that has been prepared under Section 36 of the BNSS while arresting the accused-applicant. He submits that there are catena of cases of the Hon’ble Supreme Court as well as of Gauhati High Court, wherein it has been clearly laid down that any violation of mandates of BNSS, under Section 36, 47 and 48 during arrest, then the same arrest itself becomes illegal and the accused person shall get the right to be released on bail. Page No.# 3/4 7. Mr. P.S. Lahkar, learned Addl. P.P., however, submits that huge amount of Ganja which is more than commercial quantity was recovered from the conscious possession of the accused-applicant. Therefore, taking into that aspect of the matter, the prayer of bail of the accused-applicant should be rejected. 8. This Court has perused the TCR that has been received in the instant case and could not trace out any notice under Section 48 that has been issued to any of the family members of the accused-applicant. While perusing the Section 36 of the arrest memo, this Court could not find any signature of any respectable person of the locality or from any family member of the accused-applicant. Section 47 notice, wherein the grounds of arrest are required to be provided to the accused-applicant, is also not in terms of the settled law. 9. Taking into account the aforesaid mandatory violations while arresting the accused-applicant by the arresting authority, this Court is of the considered view that at this stage, the accused-applicant shall be released on bail. Accordingly, it is directed that the accused-applicant should be released forthwith from jail on furnishing bail bond of Rs. 2,00,000/-(Rupees Two Lakhs only) with two sureties of like amount to the satisfaction of the learned Special Judge, Sribhumi, subject to the following conditions: - (1) That the accused-applicant shall cooperate with the trial and make himself available before the Trial Court, as and when called for; (2) 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 Investigating Authority/Trial Court; (3) That the accused-applicant shall provide his contact details including photocopies of Aadhar Card or Driving License or PAN card, Passport as well as, Page No.# 4/4 mobile numbers and other contact details before the Trial Court; (4) That the accused-applicant shall not tamper with the evidence nor hamper the trial in any manner whatsoever. 10. In view of the aforesaid directions, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant