Strict compliance with statutory provisions regarding notice to relatives during arrest is essential to safeguard the accused's rights under Article 21 of the Constitution.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. N.N.B. Choudhury, learned counsel for the petitioner and also heard Mr. S.C. Keyal, learned Standing Counsel, NCB.

2. The petitioner, namely, Rashid Hoque, son of Kapir Uddin Miah, resident of Village-Chhoto Falimari, Police Station-Dinhata, District-Coochbehar, West Bengal has filed this application under Section 483 BNSS, 2023 on 09.03.2025 praying for his bail in NCB Guwahati Case No. 02/2025, registered under Sections 8(c)/22(C)/29 of the NDPS Act, 1985, in which, he was arrested on 30.01.2025 and is in custody since then.

3. The petitioner contended that while he was arrested on 30.01.2025 the Notice issued to him under Section 47 BNSS by the authorities of NCB in said NCB Guwahati Case No. 02/2025 was not in accordance with law and also not in terms of the law laid down by the Hon’ble Supreme Court in the cases of Prabir Purkayastha Vs. State (NCT of Delhi), (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., (2025) SCC OnLine SC 269.

4. Placing the provisions of Section 36 of the BNSS, Mr. Choudhury, learned Senior Counsel submitted that even the arrest memo of the petitioner served on him on 30.01.2025 was not in accordance with the said provision and his arrest was in absence of any witness.

5. In this regard, Mr. Choudhury had shown the notice under Section 47 BNSS to the petitioner on 30.01.2025 annexed to this petition as Annexure-V.

6. Mr. Choudhury, learned Senior Counsel for the petitioner has also placed the decision of the Hon’ble Apex Court in the cases of Prabir Purkayastha (supra) and Vihaan Kumar (supra).

7. Respondent NCB filed its objection with regard to the release of the petitioner on bail stating that the NCB personnel in presence of independent witnesses on 30.01.2025 early morning around 06:40 hrs., on the basis of specific information recovered 1.505 Kgs of Methamphetamine from the conscious possession of the petitioner, i.e., a black colour UPS from the Gauhati Railway Station while he was travelling in 12514 Secunderabad Superfast Express.

8. Accordingly, those 1.505 Kgs of Methamphetamine was seized from the possession of the petitioner under the NDPS Act. Subsequently, the petitioner was apprehended on 30.01.2025 itself and was brought to the office of the NCB Guwahati and his voluntary statement under Section 67 (c) of the NDPS Act, 1985 was recorded on 30.01.2025 before the Investigating Officer of said NCB Guwahati Case No. 02/2025 in which, the petitioner voluntarily confessed to consciously trafficking Methamphetamine Tablets that were seized in the case. Subsequently, the petitioner was arrested in said NCB Guwahati Case No. 02/2025 on 30.01.2025 under Sections 8(c)/22(C)/29 of the NDPS Act, 1985 serving notice under Section 47 BNSS to him in the office of the NCB in its Guwahati Zonal Unit, which the petitioner duly acknowledged.

9. Placing the case diary, Mr. Keyal, learned Standing Counsel, NCB submitted that at the time of arresting the petitioner in said NCB Guwahati Case No. 02/2025 on 30.01.2025 both his mother and father were informed in their respective mobile numbers pertaining to arrest of their son, i.e., the petitioner in the said NCB Case, where, the mobile numbers of his parents were provided by the petitioner himself and that the petitioner on 30.01.2025 itself acknowledged that during the time of his arrest his parents were informed individually in their respective mobile numbers.

10. Mr. Keyal by placing the said arrest memo submitted that the provisions of Sections 36 as well as 48 BNSS have been duly complied with.

11. It is stated that this Court, while considering a previous bail petition of the accused being Bail Appln No.1153/2025 has already judicially examined the same allegations and held that Sections 47 & 48 BNSS and Article 22 of the Constitution of India were duly complied with and that recovery was made from the conscious position of the petitioner and the bar of Section 37 of the NDPS Act is squarely attract