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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA
Jitul Ali, S/O Yasin Ali – Appellant
Versus
Union Of India Represented By The Narcotic Control Bureau – Respondent
ORDER :
KALYAN RAI SURANA, J.
Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned standing counsel for the NCB.
2. On 18.12.2022, the petitioner was arrested in connection with NCB Guwahati Case No. 24/2022 under Section 8(c)/20(b)(ii)(C) and Section 29 of the NDPS Act along with two others. On 19.12.2022, he was produced before the Court of learned Chief Judicial Magistrate, Amingaon, Kamrup. The petitioner was sent to one day NCB remand. After his medical examination, the petitioner was produced before the Court of learned Sessions Judge, Amingaon, Kamrup.
3. The earlier prayer for bail for the petitioner was rejected by this Court by order dated 26.06.2024 passed in BA 4258/2023 as well as by order dated 20.11.2024 passed in BA 2732/2024. According to the learned counsel for the petitioner, this is a third application for bail before this Court by way of an application made under Section 483 of BNSS, 2023.
4. It is submitted that the new ground on which this bail application has been filed is that while arresting the petitioner, he was only served with a copy of notice under Section 50 of the CrPC. However, no grounds of arrest was served on
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
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.
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
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 requirement to communicate grounds for arrest is a constitutional obligation; non-compliance renders the arrest illegal, providing grounds for bail even under stringent statutory provisions.
The failure to inform an arrested person of the grounds for their arrest violates fundamental rights under Articles 21 and 22(1) of the Constitution, rendering the arrest illegal and justifying bail.
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