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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Sowab Uddin, S/o Monazir Ali @ Manajjir Ali – Appellant
Versus
State of Mizoram R/b Commissioner to the Govt. of Mizoram, Excise And Narcotics Dept. – Respondent
| Table of Content |
|---|
| 1. details surrounding the bail application and arrest. (Para 2 , 3 , 4) |
| 2. arguments regarding violation of grounds of arrest. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's findings on illegal arrest. (Para 13 , 14) |
| 4. conditions and order for granting bail. (Para 15 , 16) |
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
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.
The court ruled that failure to timely communicate grounds of arrest violates constitutional rights, rendering subsequent detention illegal; the accused did not prove entitlement to bail given the na....
Bail in NDPS commercial quantity cases requires satisfying Section 37 twin conditions. Red-handed contraband recovery obviates formal grounds of arrest communication if no prejudice shown via arrest ....
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
Procedural lapses in communicating grounds of arrest do not automatically render custody illegal unless they cause demonstrable prejudice, emphasizing compliance with Articles 21 and 22(1) of the Con....
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