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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Somir Uddin Son Of Late Abdul Sahid – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. overview of case facts, procedural history, and investigation status under ndps act. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments concerning non-compliance with arrest notice language requirements under bnss. (Para 6 , 7 , 10) |
| 3. substantial compliance with arrest notice requirements via effective verbal communication. (Para 8 , 9 , 11 , 13 , 14 , 15) |
| 4. prospective application of legal precedents regarding arrest procedures. (Para 12 , 16 , 17) |
| 5. application of section 37 ndps act threshold for commercial quantity bail rejection. (Para 18 , 19 , 20 , 21) |
JUDGMENT & ORDER (CAV) :
1. Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Addl. PP for the State of Assam.
2. This is an application filed under Section 483 of BNSS, 2023, praying for bail to the petitioner, who was arrested on 12.06.2025, in connection with the Ratabri P.S Case No. 99/2025 registered under Section 22(c)/25/29 of the NDPS Act, 1985.
3. The brief facts of the case is that on 12.06.2025 the informant namely, Danswrang Basumatary, Sub-Inspector of Police of Ratabari Police Station, has lodged a written F.I.R. before the Officer-In-Charge of the Ratabari Police Stati
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 legal principle established is that adherence to procedural safeguards during arrest is essential, but failure to satisfy conditions mandated by Section 37 of the NDPS Act prevents bail in cases ....
The requirement to communicate arrest grounds is essential for upholding due process as mandated by Article 22(1).
Compliance with arrest procedures under BNSS is crucial; failure to follow may infringe rights but was upheld here based on proper execution.
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