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.

1. 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 S.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 S.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 personnel proceeded to the location and started investigation and upon such investigation found the accused / petitioner in his room and he led the team to the place where the Ganja was kept concealed in a drum. Accordingly, in the presence of independent witnesses, the police personnel weighed the drum along with Ganja and found the weight to be 22.225 kg and thereafter seized the same. Thereafter, the police personnel along with the accused / petitioner proceeded to a hotel from where one plastic white colour carry bag containing 720 grams of Ganja was recovered from the possession of the co - accused. Thereafter, another drum containing Ganja weighing 16.525 kg was seized from an abandoned school upon being shown by one Abdul Ali. Accordingly, a case was registered under S.20(b)(ii)(c) of the NDPS Act and the contraband articles were all seized and the accused persons including the accused / petitioner were arrested. Upon completion of investigation, Charge - sheet was filed against the accused / petitioner and the other co - accused and the trial Court by order dated 09.08.2023 was pleased to take cognizance against the accused / petitioner as well as the other co - accused. Further, the trial Court by order dated 21.12.2023 framed charges against them. Accordingly, the trial commenced. The accused / petitioner having being denied bail earlier is facing the trial from behind the bar. Hence, the present bail petition has been filed.

4. Mr. Y. S. Mannan, learned Counsel for the accused / petitioner submits that the drums and contraband articles were not separately weighed and no drug detection kit test or colour test was conducted to identify whether the seized articles were contraband articles or not. He further submits that the arresting authorities has not followed the mandatory procedure for search and seizure as mandated under R.3 (1)(2)(3)(4) and R.10 of the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022. In support of the aforesaid submission he relies upon the following decisions: -

(i) Altaf Hussain Vs. The State of Assam , in B.A. No. 1048/2024.

(ii) Yusuf @ Asif Vs. State , in (Criminal Appeal No.3191/2023) arising out of SLP (CRL) 3010/2023.

4.1. He further submits that the listed prosecution