The omission of witness signatures on an arrest memo does not automatically invalidate an arrest, provided the statutory obligation to timely notify the arrestee’s family or designated persons regarding the detention and the grounds of arrest has been duly fulfilled.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

Heard Mr. A. Rahman, learned counsel for the petitioner. Also heard Mr. P.S.Lahkar, learned Additional Public Prosecutor appearing for the State of Assam.

2. This is an application under Section 483 of the BNSS, 2023 seeking regular bail to the accused/petitioner in the instant case in connection with Special (NDPS) case No.22/2026 in connection to Nilambazar P.S. Case No. 137/2025, under Section 22(c)/25/29 of NDPS Act, pending before the Court of Additional Sessions Judge, FTC, Sribhumi.

3. On 6/10/2025, SI(P) Samar Barman lodged an FIR stating that on 06.10.2025 at around 2:00 p.m, the police at Nilambazar PS allegedly received prior information from the Assam Rifles Intelligence team that one individual, namely Jabbar Hussain, was transporting a large quantity of narcotic substances on a red and black scooty bearing registration No. AS 10 H 9404, coming from Batoiya side towards Sribhumi via NH-08. Acting on this information, a GD entry was made and necessary authorization was obtained. Thereafter, a police team along with personnel from Assam Rifles proceeded to the spot and conducted naka checking near Jannat Furniture, Nilambazar. At about 2:45 PM, the said scooty was intercepted and the rider was detained. Two independent witnesses present at the spot were called, and upon questioning, the accused allegedly disclosed that contraband substances were concealed inside the dickey of the vehicle. Subsequently, a search was conducted in the presence of the witnesses, leading to recovery of two large brown packets containing smaller packets and pouches, which allegedly contained approximately 20,000 Yaba tablets. The total weight of the seized contraband was stated to be 2123.16 grams. The scooty, mobile phones, and other related items were also seized. The substances were tested on the spot using a drug detection kit and reportedly showed positive results. After completing the seizure formalities, including packaging, sealing, and documentation with signatures of witnesses and the accused, the police party returned to the police station with the seized articles and the accused, where the items were deposited and the accused was kept in custody. Hence, the case.

4. Besides claiming innocence, learned counsel for the petitioner submits with reference to the arrest memo that the no signature of any family member or respected person of the locality where the accused was arrested has been taken on the said arrest memo, which fact is not disputed by the prosecution.

5. I have perused the said arrest memo and therefrom it is evident that no such signature of any witness as mentioned above is available in the memo of arrest. Therefore, the question arises as to whether the non-absence of such signature of the witness vitiates the arrest or renders the same illegal.

6. Mr. Lahkar, the learned Addl. Public Prosecutor, Assam submits that the purpose of the memo of arrest is to provide a record of the arrest, and it is also submitted that the purpose of obtaining the signature of the petitioner of the relative/respectable person of the locality is to make them aware so that further steps can be taken by such family members/nominated respectable person. In this regard, learned Addl. P.P has referred to the inspection memo which has been issued and prepared along with memo of arrest, both of them being contemporaneous