The communication of specific grounds of arrest, including the nature of allegations and relevant legal provisions, satisfies the constitutional and statutory mandate requiring the furnishing of arrest grounds to an arrestee and their nominated persons.

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 as P. Soul (petitioner No. 1) in this case as well as one Sailash Sephen, who is the driver of the said truck. The search team also intercepted one Toyota Fortuner car bearing Registration No. UK-07-BS-0189 and the occupant of the said vehicle were identified as Sahil Gurung, Pretty Thoitak and P. Maraipa.

4. During interrogation of the occupants of the vehicle, Sailash Sephen i.e., the driver of the said truck and Ms. Pretty Thoitak revealed that there are 274 numbers of soap cases concealed in specially built cavity/chamber in the driver's cabin of the said truck.

5. Accordingly, a search was conducted and 274 soap cases containing about 3180.83 grams of suspected heroin were seized.

6. It is pertinent to mention herein that the petitioners are approaching this Court praying for bail for the second time. Their previous application for bail was dismissed by order dated 13.03.2025 in Bail Application No. 302/2025 after perusal of the case diary.

7. The learned senior counsel for the petitioners has submitted that this time the petitioners have approached this Court seeking bail mainly on the ground of the violation of their constitutional rights as provided under Article 22(1) of the Constitution of India as well as statutory rights under Section 47 as well as 48 of the BNSS, 2023.

8. The learned senior counsel for the petitioners has submitted that though at the time of their arrest the petitioners were served with notices under Section 47 of BNSS, 2023, but no grounds of arrest were mentioned in the said notice. He submits that in the said notice mere intimation about their arrest was given. He also submits that the Apex Court has already held that information about the arrest is different from information of grounds of arrest and mere information about arrest will not amount to furnishing the grounds of arrest. He submits that as grounds of arrest were not intimated to the petitioners, they are entitled to get bail on that account only. He also submits that the relatives/friends or such other persons as may be disclosed or nominated by the arrested persons were also not informed about the grounds of arrest.

9. Though, in the bail application it has been stated that no notice under Section 48 of the BNSS, 2023 was served on the friends/relatives or nominated persons of the petitioners, however, during the hearing while making su