Page No.# 1/4 GAHC010076762026 2026:GAU-AS:8516 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1069/2026 SAMINUR ISLAM AND ANR S/O LATE BISMILLA KHAN, R/O SIMULIA, P.O. BERACHAPA, P.S. DEGANGA, DIST. NORTH 24, PORGONA, WEST BENGAL. 2: SAIK ALAM S/O LATE SAIK ABU KASEM R/O SIMULA P.O. BERACHAPA P.S. DEGANGA DIST. NORTH 24 PORGANA WEST BENGAL VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR SISHIR DUTTA, MR. S SHOME,MS S MOCHAHARI,MR. S DUTTA,S PAUL Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 15.06.2026 Heard Mr. S. Dutta, learned learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor. This is an application filed under Section 483 of BNSS, 2023 for releasing the petitioner on bail. The case of the petitioner in brief is that on 25.08.2025, SI of Bazaricherra Police Station, Sri Prabhakar Choudhury, District Karimganj lodged an ejahar to the effect at around 11.20 a.m., he had received an information from reliable source that one Six-wheeler open body Truck bearing registration No. WB-25-N- 4370 was carrying huge quantity of cough syrup was coming from Calcutta towards Churaibari WP and accordingly a G.D. entry to that effect was made. Immediately, SI Pranab Mili was informed about the same and a naka checking was set up in front of Churaibari check gate. At about 12-15 PM, the entire team cordoned the aforesaid vehicle, detained the aforementioned petitioners and after thorough checking of the entire vehicle recovered 392 nos. of palm oil tin containers inside the body of the truck, which was concealed with items such as water bottles, packets of ORS, etc. Thereafter one of the palm oil tin containers was cut off by knife and hammer in the presence of independent witness and Page No.# 3/4 30,376 bottles of Codeine Phosphate weighing around 3638.54 kgs was recovered from the containers. At about 2:45 PM, the seizure process began and the following items were seized: 1). One 6 wheeler open body truck bearing registration no. WB 25N 4370 with keys. 2). 392 nos. of palm oil container containing 30,376 bottles of Codeine Phosphate Cough Syrup weighing around 3638.54 kgs. After completion of the entire formalities of search and seizure at 8:20 PM, the naka team apprehended the petitioners, seized the exhibits as per seizure list and departed from the spot and thereafter reached the police station alongwith the arrested accused persons. Hence, the present case was registered and, investigation started. The learned counsel for the petitioners submits that the provisions under Section 48 of BNSS have not been complied with by the police inasmuch as, WT Message was sent to jurisdictional Police Station for informing the relatives of the accused persons but there is nothing to show that the same has actually been served upon the said relatives. The learned Additional Public Prosecutor has flag marked the relevant documents in the TCR and notices under Section 48 BNSS addressed to the relatives of the petitioners are found but there is nothing to indicate that the Page No.# 4/4 said noticed were actually sent or delivered to the noticees. Furthermore, the perusal of the WT Message shows that regardless of the question of delivery, no grounds of arrest have actually been mentioned in the said WT Message and therefore, even if the same had been served, that would not have been in compliance with the mandate of Section 48 of BNSS and as per the directions of the Hon’ble Apex Court in Vihaan Kumar vs. State of Haryana & Anr. reported in 2025 SCC OnLine SC 269. In view of the above, due to non-compliance with Section 48 of BNSS, the arrest stands vitiated, entitling the petitioners to go on bail. Accordingly, the petitioners shall be released on bail on furnishing a bail bond of Rs. 2,00,000/- each with 2 local sureties each of the like amount to the satisfaction of the learned Special Court, NDPS, Sribhumi. It is further provided that the petitioners shall regularly appear at the trial and shall not try to tamper with the evidence. The petition stands disposed of. JUDGE Comparing Assistant