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.

JUDGMENT :

Anjan Moni Kalita, J.

Heard O. Laskar, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.

2. This is an application under Section 483 of the BNSS, 2023 for granting bail to the accused applicant namely, Sebul Hussain Laskar, who was arrested on 09.06.2025, in connection with NDPS Case No. 78/2025, arising out of Silchar P.S. Case No. 603/2025 corresponding to G.R. Case No. 1044/2025, under Sections 22(c)/25/29 of the NDPS Act, 1985 pending in the Court of learned District and Sessions Judge (Special Judge), Cachar, Silchar.

3. The gist of the prosecution’s case, as reflected from the FIR dated 10.06.2025 lodged by S.I. Debabrat Das of Silchar Police Station, is that on 09- 06-2025 at about 6:05 AM, an information was received regarding alleged transportation of contraband substances from Mizoram into Cachar. Acting upon such information, the police team established a checkpoint at Sonabarighat Bypass and at around 7:20 AM, intercepted a Bolero vehicle bearing Reg. No. MZ01 S0190 and a truck bearing Reg. No. AS-23-BC-8179 loaded with gas cylinders. It is alleged that during search of the truck, a modified gas cylinder was found containing five packets of suspected Yaba tablets weighing approximately 6.009 kgs, amounting to about 50,000 tablets. It was further alleged that upon interrogation, the accused persons disclosed that out of 304 cylinders transported, four of which have been modified to hide narcotics. It was also alleged that the accused persons confessed that three modified cylinders had already been delivered to one Afzal Raj Barbhuiya in Saratpally and two to Taramoni Laskar at Modhurbond. Acting on such disclosure, the police allegedly recovered Rs. 8,90,000/- in cash from Afzal Raj Barbhuiya and two more modified cylinders from the residence of Taramoni Laskar containing approximately 100,000 suspected Yaba tablets weighing about 12.906 kgs. In total, about 150,000 tablets weighing approximately 18.915 kg were allegedly seized along with cash and two vehicles, and five persons including the present accused applicant were arrested.

4. On receipt of the said complaint, the police registered the Silchar P.S. Case No. 603/2025 under Sections 22(c)/25/29 of the NDPS Act. The Accused applicant and other accused persons were arrested on 09.06.2025 and produced before the learned Court learned District and Sessions Judge (Special Judge), Cachar, Silchar on 10.06.2025 and since then they have been in judicial custody. After completion of investigation, the Officer-in-Charge, Silchar Police Station submitted Charge Sheet, dated 28-08-2025, under Section 193 of the BNSS against the Accused Applicant and four other accused persons, whereupon cognizance was taken in NDPS Case No. 78/2025 by the learned Special Judge, NDPS Act, Cachar, Silchar.

5. Mr. O. Laskar, learned counsel for the Accused Applicant, submits that no contraband was recovered from the conscious possession of the Accused Applicant or from the Bolero vehicle driven by him at the time of interception. He contends that the alleged contraband was recovered from the truck driven by co-accused Saidur Hussain Barbhuiya and from the residence of Taramoni Laskar and there is no material to connect the Accused Applicant with such recovery. He further submits that the only alleged material against the Accused Applicant is the confessional statement recorded under Section 180 of the BNSS, which is inadmissible in evidence under Section 23 of the BNS, 2023.

6. Learned counsel for the Accused Applicant further submits that the Accused Applicant was m