GAHC010182402025 2025:GAU-AS:14237

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./2674/2025

PRABHA SHANKAR TIWARI

S/O- SWAMI DAYAL TIWARI,R/O- VILL-551K/252,BHILAIRAM,P.S/P.O-

ALAMBAGH,LUCKNOW,UTTAR PRADESH-226005

VERSUS

THE UNION OF INDIA

REPRESENTED BY SC, NCB REP. BY THE STANDING COUNSEL

NARCOTICS CONTROL BUREAU (NCB).

Advocate for the Petitioner : MR. R MAJUMDAR, MS N KHATUN

Advocate for the Respondent : SC, NCB,

BEFORE

HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

24.10.2025

Heard Mr. R. Mazumdar, learned counsel for the accused and Mr.

S. C. Keyal, learned Standing Counsel for the respondent/NCB.

2. This application, under Section 483 BNSS, 2023, is preferred by the accused Prabhu Shankar Tiwari, who has been languishing in jail

hajot, in connection with NDPS Case No. 49/2022, pending before the court of learned Additional Sessions Judge No. 2, Kamrup (M) at Guwahati, arising out of NCB Guwahati Crime No. 25/2021, registered under Sections 8(c)/20(b)(ii)(C)/29 of the NDPS Act, 1985, for grant of bail.

3. It is to be noted here that the above noted case has been registered on the basis of one FIR, lodged by one Anil Kushwaha, Intelligence Officer, Narcotics Control Bureau, Guwahati Zonal Unit, Guwahati, on 05.09.2021.

4. The essence of allegation, made in the said complaint, is that on 05.09.2021, at about 03.00 am, near Madanpur Toll Plaza, Kamrup (R) the complainant and other staffs of NCB, acting on a tip off, have intercepted one truck bearing registration No. UP 32 HN 9008, and recovered 18989 bottles of Codeine based Phensydyl cough syrup, manufactured by Abbott Healthcare Pvt. Ltd, Village-Bhatauli, Solan, Himachal Pradesh, and apprehended accused Imran and Kamal Kumar. Thereafter, on 24.09.2021, while the present accused Shri Prabhu Shankar Tiwari came to Guwahati and was waiting at Railway Station, Guwahati in the evening, NCB team apprehended him and arrested on 25.09.2021, and forwarded him to jail hazot. Then after investigation, final complaint has been laid before the court of learned Sessions Judge, Kamrup (M), Guwahati against the present accused along with two others to stand trial in the Court under Sections 21(c)

& 29 of NDPS Act.

5. Mr. Mazumdar, learned counsel for the accused submits that the accused was arrested on 25.09.2021, and since then, he has been languishing in jail hajot, for more than 4 years. Mr. Mazumder further submits that this bail petition is preferred on the ground of length of detention. He submits that as many as 11 witnesses have been cited in the final complaint, out of which, only 4 witnesses have been examined so far. Further, Mr. Mazumdar submits that charge was framed against the accused on 07.03.2022 and since then, almost 3 years elapsed and till date only 4 witnesses have been examined and that the place, at which the trial is proceeding, there is no immediate chance of completion of trial and that, there is considerable delay in trial and thereby, the right of the accused guaranteed under Article 21 of the Constitution of India is violated an as such, the accused is entitled to bail.

5.1. Mr. Mazumdar also submits that the second ground of filing this present bail application is that the ground of arrest was not communicated to the accused at the time of his arrest. Drawn the attention of this Court to the Notice u/s 50 Cr.P.C., which is annexed to the petition as Annexure No. 3, at Page No. 14 and Mr. Mazumdar submits that perusal of the same would indicate that the grounds of arrest has not been communicated to the accused and as such, the arrest of the accused is in contravention of the principle of law, laid down by the Hon’ble Supreme Court in the case of Vihaan Kumar Vs.

State of Haryana, reported in (2025) 5 SCC 799

5.2. Referring to one bail application of this Court, being Bail Appln. No. 1600/2025, especially the order, dated 02.06.2025; and another bail application, being Bail Appln. No. 3844/2024, especially the order dated