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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Azibur Rahman @ Aziz @ Ajibur, S/o- Faizul Hoque – Appellant
Versus
State of Assam, Represented by Public Prosecutor – Respondent
ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. Y. S. Mannan, learned Counsel appearing for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State respondent.
2. This is the third bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) for granting regular bail to the accused/petitioner i.e. Azibur Rahman @ Aziz @ Ajibur who was arrested on 09.04.2023 in connection with NDPS Case No. 103/2023 arising out of Pragjyotishpur P.S. Case No. 48/2023 registered under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”). Presently the case is pending trial in the Court of learned Additional Sessions Judge (FTC) No.3 Kamrup (M) at Guwahati.
3. The case of the prosecution is that one Manmohan Chandra Roy, Sub-Inspector of Pragjyotishpur Police Station lodged an ejahar before the Pragjyotishpur Police Station alleging inter alia that on 08.04.2023 at 2 pm the Officer-in-charge of the said Police Station having received information that illegal business of Ganja (Cannabis) is going on in the room of the accused/petitioner, the police per
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.
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....
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
Failure to communicate grounds of arrest renders it illegal, mandating the release of the accused.
Non-compliance with the requirement to inform an arrestee of the grounds for arrest renders the arrest illegal, violating constitutional rights.
The requirement to communicate grounds of arrest is mandatory and non-compliance may vitiate the legality of the arrest.
The constitutional and statutory mandate to inform arrested persons of grounds for arrest is non-negotiable, and failure to do so renders the arrest illegal.
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