GAHC010112912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./1785/2025 MANILAL MALAKAR S/O- SRI LAKHIRAM MALAKAR.

VILL.- RAJYESWARPUR PT-I, P.S.- KATIGORAH, DIST.- CACHAR, ASSAM.

VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM

2:UNION OF INDIA REPRESENTED BY THE DIRECTORATE OF REVENUE INTELLIGENCE SILCHAR SUB-REGIONAL UNIT SILCHAR Advocate for the Petitioner : MR. I H LASKAR, M RAHOMAN,J MEDHI,MR. R. KARIM,MR. P DAIMARY,MR. P K DEKA Advocate for the Respondent : PP, ASSAM, MR. D. BORAH, SC, DRI :: PRESENT ::

HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA For the Petitioner : Mr. S. Dutta, Senior Advocate.

Mr. P.K. Deka, Advocate.

For the Respondent : Mr. D. Borah, S.C., D.R.I.

Date of Hearing : 26.06.2025. Date of Judgment : 15.07.2025.

O R D E R (CAV)

Heard Mr. S. Dutta, the learned senior counsel assisted by Mr. P.K. Deka, learned counsel appearing for the petitioner. Also heard Mr. D. Borah, the learned Standing Counsel, D.R.I.

2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Manilal Malakar who is facing trial in the court of the Special Judge, NDPS, Cachar, Silchar has prayed for releasing him on bail.

3. The petitioner Manilal Malakar was driving a truck bearing Registration No.MZ- 01H-1496. Twenty Six kilograms (26 kgs.) of narcotic drugs suspected to be Methamphetamine tablets were recovered from the truck. The petitioner was arrested. He was informed about the grounds of arrest. Thereafter, the petitioner made telephone calls to his wife Beli Malakar.

4. The principal grounds on which the bail application has been filed are non-

compliance of the provisions of Section 47(1) and 48(1) of BNSS, 2023.

5. I have considered the submissions made by the learned counsel of both sides.

6. At this stage, a brief visit to Section 37 of the NDPS Act would be fruitful. It reads as under:

“37. Offences to be cognizable and non-bailable. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless—

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.”

7. The Code of Criminal Procedure 1973 no longer exists and it is replaced by the Bharitya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023). Sections 47 and 48 of the BNSS, 2023 are pari materia to Section 50 and 50A of the old CrPC, 1973. Section 37 of the NDPS Act says that notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person, involved in an offence relating to commercial quantity of narcotic drugs shall be released on bail if the court is satisfied that there are reasonable grounds for believing that the said person is guilty of such an offence and he is likely to commit any offence while on bail.

8. In paragraph 18 of State of Kerala v. Rajesh, (2020) 12 SCC 122, the Hon’ble Supreme Court has held as under:

“18. This Court has laid down broad parameters to be followed while considering the application for bail moved by the accused involved in the offences under the NDPS Act. In Union of India v. Ram Samujh [Union of India v. Ram Samujh, (1999) 9 SCC 429 : 1999 SCC (Cri) 1522] , it has been elaborated as under:

“7. It is to be borne in mind that the a