Page No.# 1/4 GAHC010099802026 2026:GAU-AS:9430 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1340/2026 KAMTHIANGSANG KHONGSAI AND ANR S/O - BASHIR AHMED R/O- VILL. VAIPHEI PAKHAI, PS KANGPOKPI, DISTRICT KANGPOKPI, MANIPUR 2: SAIDUR RAHMAN S/O - MD. NASIR KHAN R/O - VILL. LETONPOKI PS MOIRANG DISTRICT - BISHNUPUR MANIPU VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : S KAUR, L BANIK,N NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 26.06.2026 Heard Ms. L. Banik, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. Page No.# 2/4 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Kamthiangsang Khongsai and Saidur Rahman, have prayed for bail in connection with NDPS Case No. 96/2025 (arising out of Silchar P.S. Case No. 638/2025) u/s 303(2)/317(2)/317(5)/318(3) of BNS, 2023 r/w Section 21(c)/25/29 of NDPS Act, pending in the court learned Special Judge, Cachar, Silchar. 3. The said case arose out of Silchar P.S. Case No. 638/2025. Upon completion of investigation, the case was charge-sheeted and presently stated to be pending before the learned trial court at the stage of trial. 4. The accused persons were arrested on 21-06-2025. 5. The primary contention of the learned counsel is that there is non- compliance with the notice under Section 48 of BNSS and therefore, the arrest and continued detention of the petitioners is vitiated. She has relied upon the order dated 12-02-2026 passed by a coordinate Bench of this Court in BA/16/2026 granting bail to the accused in similar circumstances. 6. The scanned TCR, as called for, has been received. 7. Mr. Sharma, the learned Additional Public Prosecutor submits that a wireless message was sent to the family member informing them of the arrest of the petitioners. It is also submitted that the quantity in question being commercial quantity, the rigors of Section 37 of the NDPS Act would apply. Page No.# 3/4 8. I have perused the materials and considered the rival submissions. It is a settled law that compliance with the notice under Section 48 BNSS providing grounds of arrest to family members or nominated persons is essential, failing which the arrest would be defective and entitle the petitioner to bail. Section 48 BNSS Notice in the form that it is required is not placed before this Court. However, a wireless message to Kangpokpi P. S. Manipur is available in the scanned TCR, wherein it is stated that the named accused has been arrested in the said case and the concerned police station in Manipur was requested to inform their family members so that they can move the court for bail. Para 19 of the decision, pertaining to bail in similar circumstances, relied upon by the petitioners’ side is reproduced herein below – “19. It is noted that although a WT massage was sent to the concerned Officer- in-Charge (OC) of the jurisdiction where the accused applicant generally resides in Manipur, no notice under Section 48 of the BNSS, 2023 was sent to the family member of the accused applicant. Therefore, there appears to be a violation of the mandate of Section 48 of the BNSS, 2023 in the arrest of the accused applicant. Based on the above, it is evident that there is a prima facie violation of both Sections 36 and 48 of the BNSS, 2023 in the present case.” 9. In the instant case also, I find that the situation is very similar or almost identical Therefore, it can be said that there has not been proper compliance with the Notice under Section 48 BNSS, thereby making further detention of the accused petitioners untenable. 10. In the given facts and circumstances, I come to the considered opinion that despite the serious nature of alleged offences, the petitioners Page No.# 4/4 have to be released on bail at this stage, subject to conditions. 11. Accordingly, the accused-petitioners, named above, shall be released on bail in connection with NDPS Case No. 96/2025 (arising out of Silchar P.S. Case No. 638/2025) u/s 303(2)/317(2)/317(5)/318(3) of BNS, 2023 r/w Section 21(c)/25/29 of NDPS Act, on furnishing bail bond of Rs.1,00,000/- each with one suitable surety each of the like amount to the satisfaction of learned concerned court (Special Judge, Cachar, Silchar). 12. The direction for bail is further subject to the conditions: (a) That the petitioners shall not abscond; (b) That the petitioners shall be available during the remaining trial; (c) That the petitioners shall not hamper or tamper with evidence; (d) That the petitioners shall not intimidate or harass or try to influence any witnesses; and (e) That the petitioners shall not indulge in any illegal activity, including under the NDPS Act. 13. Violation or breach of any condition(s) shall entail cancellation of bail. 14. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant