Compliance with arrest procedures under BNSS is crucial; failure to follow may infringe rights but was upheld here based on proper execution.

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 tablets in a Mahindra XUV bearing registration No. AS 01 EX 5075 coming from Jagiroad side towards Guwahati. Pursuant thereto, on 14.07.2025, the NCB team intercepted the said vehicle at Nazirakhat Toll Plaza and apprehended the aforesaid three persons. It was alleged that, upon interrogation, the said persons admitted to trafficking Methamphetamine tablets concealed in specially fabricated cavities of the vehicle. However, unable to locate exact place of hiding the aforesaid contraband tablets in the vehicle, the vehicle was taken to a nearby workshop in the VIP Road, namely, Khushi Motor Works. Thereafter, at about 1:30 AM, the NCB team conducted a further search in the vehicle with the help of the mechanics and recovered 50 packets of Methamphetamine tablets weighing 10.858 kg from concealed cavities in the chassis of the vehicle. Consequently, NCB, GZU Crime No. 09/2025 was registered.

4. On the basis of the aforesaid seizure, an investigation was initiated by the NCB, Guwahati Zonal Unit, in Crime No. 09/2025 and the three aforementioned persons were taken into custody. Subsequently, the present accused applicant was also arrested on 14.07.2025 and has since been languishing in judicial custody in connection with the said case. Formal Complaint in the case was submitted before the learned Sessions (SPL) Judge, Kamrup (Metro) and the same is registered as NDPS Case No. 12 of 2026.

5. Mr. Talukdar, learned counsel for the accused applicant, submits that the accused applicant had been staying at a hotel since 13.07.2025 when he received a phone call from NCB officials asking him to appear before the NCB office. In compliance, he appeared and was arrested. He contends that the implication of the accused applicant is solely based on the disclosure statements of co-accused persons and a statement recorded under Section 67 of the NDPS Act, which have weak evidentiary value in view of the law laid down in Tofan Singh v. State of Tamil Nadu , reported in (2021) 4 SCC 1 . Learned counsel further submits that the accused applicant had come to Guwahati for medical purposes and for personal work relating to the purchase of a laptop and tools for his son’s proposed business, and had agreed to accompany co-accused Yakub Ali for his medical consultation as Yakub Ali told him that he did not know Assamese. He submitted that the Accused Applicant knew Yakub Ali as he is from his Father-in-law’s village. He submits that the Accused Applicant had no knowledge of any alleged trafficking. It is also contended that no documentary evidence of any alleged monetary transaction has been produced against him.

6. Mr. Talukdar, learned counsel, submits that the accused applicant has a limited educational background and does not properly understand Hindi or English; yet his sign