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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
P Soul Son Of Phizur – Appellant
Versus
Union Of India Rep By The Standing Counsel, DRI – Respondent
ORDER :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. A. M. Bora, learned senior counsel assisted by Mr. V. A. Chowdhury, learned counsel for the petitioners. Also heard Mr. S. C. Keyal, learned Standing counsel for the DRI.
2. This application under Section 483 of BNSS has been filed by the petitioners, namely, 1. P. Soul, 2. P. Maraipa and 3. Sahil Gurung who are detained behind the bars since 14.12.2024 in connection with DRI Case No. 21/ CL/ NDPS/ HEROIN/ DRI/ GZU/ 2024-25 registered under Sections 8(c)/ 21(c)/22(c)/ 23(c)/25 of the NDPS Act, 1985.
3. The gist of accusation in this case is that on 13.12.2024, on receipt of an information through reliable sources by the Officers of DRI Guwahati Zonal Unit that a truck bearing Registration No. AS-25-EC-3517 carrying two male persons and closely escorted by one white colour Toyota Fortuner car bearing Registration No. UK-07-BS-0189 carrying two male persons and one female person are coming from Jorabat side, a team of DRI officers were constituted and a search operation was conducted. The search team intercepted one Tata truck bearing Registration No. AS-25-EC-3517, where the person sitting in the front cabin of the said truck was identified a
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.
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
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.
The court emphasized that under the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to offend again, reaffirming the need for s....
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