GAHC010132822025 2025:GAU-AS:13929

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln./2088/2025

AMIR KHAN AND ORS S/O- LATE MOOWA ALI.

R/O- VILL.- SANGAIYMPHAM.

P.O.- WANGJING, P.S.- THOUBAL.

DIST.- THOUBAL, MANIPUR, PIN-795148.

2: MD. HABIBUR RAHMAN

S/O- MD. THOMBA.

R/O- VILL.- SANGAIYMPHAM.

P.O.- WANGJING P.S.- THOUBAL.

DIST.- THOUBAL

MANIPUR

PIN-795148.

3: MD. FARUQUE KHAN

S/O- MD. RAFIQUL.

R/O- VILL.- SANGAIYMPHAM.

P.O.- WANGJING P.S.- THOUBAL.

DIST.- THOUBAL

MANIPUR PIN-795148

VERSUS

THE UNION OF INDIA

REPRESENTED BY THE SC, NCB, GUWAHATI. Advocate for the Petitioners : Mr. NJ Dutta Advocate for the Respondent : Mr. SC Keyal

B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA Date of hearing : 16.09.2025 Date of order : 17.10.2025 ORDER (CAV)

Heard Mr. NJ Dutta, learned counsel for the petitioners as well as Mr. SC Keyal, learned counsel representing the NCB.

2. By filing this application U/S 483 of the BNSS, 2023, the petitioners, namely, Amir Khan, Md. Habibur Rahman and Md. Faruque have sought for bail in connection with NDPS Case No. 129/2024 (arising out of NCB Crime No. 17/2023) under Section 8(c) r/w Section 21(c)/29 of NDPS Act, pending in the Court of learned Special Judge, Kamrup(M), Guwahati, Assam.

3. The factual matrix leading to this bail application is that on 16.10.2023, on the basis of secret information, the intelligence officer, NCB moved at HB lodge, VIP road, Six Mile, Guwahati. Two Co-accused Sahid Alom and Md. Faruque Khan (petitioner No. 3) were found in Room No. 6. Upon investigating, they revealed about the other two (petitioner Nos. 1 & 2, Co-accused) sitting in one Honda City car bearing Regd. No. AS-01-AJ-8180, which was found parked inside the premises of HB Lodge. Thereafter, search was conducted and 37 soap cases of different colours, containing suspected heroin were recovered and seized. Accordingly, a case was registered and subsequently the petitioners were arrested.

4. It is submitted by the learned counsel for the petitioners that the petitioners have been langulshing in judicial custody for more than one and half years since their arrest on 18.10.2023. It is also submitted by the learned counsel for the petitioners that after completion of investigation, on 06.04.2024, charge sheet has been laid. It is further submitted that on 29.08.2024, charge has been framed against the accused/petitioners. However, only one witness is examined till date.

5. It is further submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in this case and they are no way involved in the instant case. It is also submitted that no grounds of arrest was communicated to the petitioners in the notice served on them U/S 50 Cr.P.C. (U/S 47 BNSS) which is mandatory in nature, thereby violating the mandates of Article 21/22 of the Constitution of India.

6. It is submitted on behalf of the petitioners that the arresting authorities have arrested them without complying with the mandatory provisions provided in Article 22 (1) of the Constitution of India which impose a duty on the arresting authorities to inform the ground of arrest to the person arrested. Similarly, Section 50 of the Cr.P.C also imposes a duty on the arresting authority to provide the details of ground of arrest to the arrested accused person. Whereas, Section 50 (A) of the Code imposes a duty on the arresting authority to forthwith give the information of such arrest and place where the arrested person is being held to any of his friends, relative or such other person as may be disclosed or nominated by the arrested person for the purpose of giving such information. And in this regard, the Hon'ble Apex Court as well as this Hon'ble Court has, in a number of cases, held that the ground of arrest shall be communicated, in writing, to the arrested person as well as to the relative or friends so nominated by him. This valuable Fundamental Right of the accused person is sacrosanct