An arrest is rendered illegal if the grounds of arrest are not communicated, violating Article 22(1) of the Constitution, which warrants the granting of bail despite statutory restrictions.

JUDGEMENT :

RAJESH MAZUMDAR, J.

Heard Md. Ikbal Hussain Laskar, learned counsel for the applicant and Ms. Vanneihsiami, learned Addl. P.P for the State respondents.

2. This bail application has been filed under section 483 of the BNSS , 2023. By the order dated 04.09.2025, the Registry was required to call for the scanned copy of the Trial Court Record and the learned Addl. P.P was directed to obtain the scanned copy of the updated Case Diary. The scanned copy of the NDPS Case No.1/2025 has been received from the court of the learned Special Judge, NDPS Act, Judicial District, Aizawl. It appears that the charge-sheet had been submitted in the case and therefore, there was no requirement of the updated CD.

3. The FIR in this case was lodged by Sub-Inspector of Excise & Narcotic, Anti- Narcotic Squad, Excise & Narcotics, Mizoram on 09.11.2025 before the Officer-in- Charge, ANS, Excise & Narcotics. As per the FIR, on 08.11.2024 at around 10:00 P.M, information had received that one Chevrolet car was suspected to be transporting a big amount of heroin from Kelfang side. After stationing themselves for some time at the road side of Zemabawk East Kananthar Veng, a Chevrolet car driven by a non-Mizo was intercepted and on search, 1177 grams of heroin kept in 94 soap cases were recovered and seized along with silver color Chevrolet Beat LT vehicle bearing registration No. MZ01-H-9470. The petitioner herein was arrested in connection with the said offence. The intimation dated 09.11.2024 recorded that grounds of arrest was informed to the relatives of the arrested person. The petitioner was thereafter produced before the learned CJM, Aizawl, Mizoram on 09.11.2024 on which day, the court recorded the following order;

“ASSAM SCHEDULED VIDE NO.

222 HIGH COURT CRIMINAL FORM NO. 19/81

ORDER SHEET FOR MAGISTRATE

CRL.TK.EX-

U/S

SIGNATURE

Received Excise & Narcotics Case No. N-201/24dated 9-11-24 U/S 21

(C)of NDPS Act 1585against aced (s) SONAB UDDIN (23)

S/o MINAIR ALI

TUKAR BAZAR

KARINGANJ, ASSAM

P/o RENABANK KANANTHAR VENG

The said accd(s) is/are produced to my court under arrest from Excise & Narcotics custody alongwith the seized articles, viz.

(i) 1177 Grams of Heroin kept in 94 Soap cases

(ii) SilvercolorChervolet beat B/R No. MZ01H 9470 used for transportation of S/A

Also seen the prayer submitted by the case I.O. for remand of aced(s), into Excise & Narcotics for a period of 48 hrs/Judicial custody till completion of investigation.

Prayer is allowed and the accd(s) be remanded till11.11.24

Also received Audio-Video record of the search and seizure and receipt he device at the JMFC certification of A.V record, has report and the drain of custody is also seen as per provision of 63 (4) BSA and 105 BNSS which is examined in court.”

4. On later dates, the petitioner was produced before the Court of the Magistrate and on each occasion, he was remanded to judicial custody. On 09.01.2025, the complaint sheet u/s 210(1)(a) BNSS 2023 in respect of EX-N-201/2024 dated 09.11.2024 u/s 21(c) of NDPS Act, 1985 against the petitioner herein was filed. On 21.01.2025, the charge-sheet was produced before the learned trial court and cognizance was taken. After supplying the charge-sheet, accused was remanded back to judicial custody till 04.02.2025. On 04.02.2025 charges were read over and explained to him in a language known to him and he was asked if he pleads guilty or if he has any defence to make. Consequences of pleading guilty was also explained to him, the matter proceed further. The petitioner claimed trial.

5. A petition for bail was moved before the Special Judge, NDPS Court, being B.A No. 194/2025 in connection with NDPS Case No.1/2025 which was heard on 16.07.2025 and rej