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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Abdul Kalam, S/O Aptab Uddin – Appellant
Versus
Union Of India Rep. By Sc, Ncb, Guwahati Zone – Respondent
| Table of Content |
|---|
| 1. factual background of the arrest (Para 2 , 3 , 4) |
| 2. arguments for and against bail application (Para 5 , 6 , 7) |
| 3. court's analysis of arrest procedures (Para 8 , 9 , 10 , 11) |
| 4. bail application deemed without merit (Para 12) |
| 5. conclusion on bail application (Para 13) |
JUDGMENT :
Anjan Moni Kalita, J.
Heard A. K. Talukdar, learned counsel appearing for the accused applicant and Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India appearing for NCB.
2. This is an application under Section 483 of the BNSS, 2023 for granting bail to the accused applicant namely, Abdul Kalam, who was arrested on 14.07.2025, in connection with NCB Guwahati Zonal Unit, Crime No. 09/2025 under Section 8(c) read with Sections 22(c)/29 of the NDPS Act, 1985.
3. The gist of the prosecution’s case is that on 13.07.2025 at about 17:00 hours, Shri Pankaj Kumar Chouhan, Inspector, NCB, Guwahati, received a secret information that between 23:00 hours of 13.07.2025 and 02:00 hours of 14.07.2025, three persons, namely (1) Md. Murad, (2) Sayed Musa, and (3) Md. Yakub Ali, all residents of Sangaiyumpham under P.S. Thoubal, Manipur, would be trafficking approximately 10 kgs. of Methamphetamine
Compliance with arrest procedures under BNSS is crucial; failure to follow may infringe rights but was upheld here based on proper execution.
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.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
An arrest made in violation of mandatory procedural requirements under the BNSS renders subsequent bail conditions under the NDPS Act inapplicable, protecting the accused's fundamental rights.
Commercial quantities of seized drugs trigger stricter requirements for bail under the NDPS Act; extension of investigation timelines unchallenged by the applicant limits judicial review.
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