Page No.# 1/3 GAHC030004122026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./46/2026 Sh. Sartaj Singh S/o Balwinder Singh, R/o Kallah, Punjab VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Ms. Lalngaihsaki Fanai Advocate for the Respondent : P.P./Addl.PP, Mizoram BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.07.2026 Heard Ms. Lalngaihsaki Fanai, learned counsel for the petitioner. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State. 2. This is an application under Section 483 of BNSS, read with Section 37 of the ND&PS Act, to release the accused/applicant on bail in connection with NDPS Case No. 83/2026, arising out of Saitual P.S. Case No. 03/2026, under Page No.# 2/3 Section 18(b) of the ND&PS Act, 1985. 3. The accused/applicant was arrested by the Police Personnel on 07.01.2026, at 7:00 pm for alleged involvement in the connection with seizure of 28.617 Kg of substance suspected to be opium. Thereafter, the accused/applicant has been remanded to judicial custody till date. 4. It is submitted that there was gross violation of the mandatory provisions of the ND&PS Act, such as Section 42, 52A thereof, and that no notice under Section 48 of BNSS was served upon the family members of the accused. 5. It is not disputed by the prosecution that the notice under Section 48 of BNSS was not served upon the family members/friends/nominated person of the arrestee. A perusal of the said notice shows that no grounds of arrest are incorporated therein, except the statement of the accused himself stating that he was arrested by Saitual Police while he was taking the vehicle from Churachandpur containing opium without his knowledge. Although it is stated in the said notice that the information of his arrest has been conveyed to the relative of the accused, it is nowhere stated therein that the grounds of arrest have also been communicated, even verbally. 6. The necessity of furnishing of grounds of arrest in writing to the relatives/friends/nominated person of the accused has been laid down by the Hon’ble Apex Court in Vihaan Kumar Vs. State of Haryana, reported in Page No.# 3/3 2025 SCC OnLine SC 269 and non-compliance with the aforesaid requirement would vitiate the arrest. In the instant case, the police could have communicated the grounds of arrest to the relatives etc. through the jurisdictional police station, but admittedly, no such effort was made. 7. In view of the above, the prayer for bail is allowed. 8. It is accordingly directed that the accused/applicant shall be release on bail on furnishing a bail bond of Rs. 1,00,000/-, with two sureties of like amount, one of them being a regular Government Servant to the satisfaction of the Special Court, ND&PS Act, Aizawl. 9. It is further provided that the accused/applicant shall regularly appear at the trial and shall not try to influence the witnesses in any manner. 10. The petition is disposed of accordingly. JUDGE Comparing Assistant