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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Rashid Hoque S/o Kapir Uddin Miah – Appellant
Versus
Union of India Rep. by the Narcotics Control Bureau, Guwahati – Respondent
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 accord
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.
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.
Mandatory communication of arrest grounds under Article 22(1) and Section 47 of BNSS.
(1) Bail – Filing of charge-sheet and cognizance of order cannot validate an unconstitutional arrest – Constitutional requirement of informing arrestee of grounds of arrest is mandatory.(2) Dictum la....
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