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2026 Supreme(Online)(Gau) 1395
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Sanjeev Kumar Sharma, J
ZIABUR RAHMAN CHOUDHURY AND ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent
Bail Appln./109/2026
Important Points
Subject
Criminal Law - Bail
Act Referred
Headnote
For the Appellants/Petitioners: Tawhid Laskar, M A Barbhuyan, D K Agarwala
For the Respondents: PP, Assam
| Table of Content |
|---|
| 1. summary of the ndps case and the application for regular bail. (Para 1 , 2 , 3) |
| 2. requirement of providing written grounds of arrest to relatives under section 48 bnss. (Para 4 , 5 , 6 , 7) |
| 3. illegal arrest due to procedural lapse leads to the grant of bail. (Para 8 , 9 , 10 , 11) |
ORDER
Heard Mr. T.A Laskar, learned counsel for the petitioners and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent.
[2] This application has been filed by the petitioners namely,
(1) Ziabur Rahman Choudhury
and
(2) Akthar Hussain Laskar
under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with Lanka P.S. Case No. 265/2025 under Sections 21(c)/27A/ 29 of the NDPS Act.[3] The brief fact of the case is that the complainant namely, SI (UB) Bijoy Krishna Das 34 years, son of Madan Das of Lanka Police Station under Hojai DEF lodged a FIR that on 07.12.2025 at approximately 2:36 p.m. a routine naka checking was conducted alongwith staff of Udali PP under Lanka PS at NH- 27, on Lumding to Lanka Road. During naka checking a reliable source informed that a truck bearing Reg. No. AS-26-AC-0381 was transporting illegal drugs from Cachar District. Acting on the information, the said vehicle was intercepted at the naka point and brought to the Udali PP campus.
Information regarding the incident was communicated to the OC Lanka PS, who subsequently issued an authorization letter for search and seizure. The vehicle was searched in presence of three independent witnesses namely-
1. Md. After Uddin (48 years), son of late Ayub Ali, R/O-Bordoloi Pathar, P.S. Lanka,
2. Md. Asadur Rahman (26 Yrs), S/O- Md. Khalilur Rahman, R/O of same locality,
3. Md. Ajim Uddin (38 Yrs), S/O- Late Arif Ali, R/O- Udali Tiniali Gaon, PS- Lanka.
During the lawful search, total nine plastic soap boxes containing nine packets of suspected heroin weighing a total of 270 grams were recovered from the possession of 1. Ziabur Rahman Choudhury (26 Yrs) son of Md. Babul Uddin Choudhury, R./O- Mohanpur Part-II, P.S. Katigorah, District- Cachar and 2. Akthar Hussain Laskar (19 Yrs), S/O- Md. Abdul Jalil Laskar, R/O- Noonnagar, P.S. Katigorah, District- Cachar. In presence of the independent witnesses, and one sample (A 1) tested using a Drug Detection (DD) Kit. At the same time inside the inspected truck 273 bags of routa betel nuts weighing approximately 14,644 kg were also found loaded and were seized as per proper procedure. In presence of independent witnesses, the suspected contraband were properly measured and sealed and seized following all mandatory procedure under the NDPS Act. Hence, the case.[4] The learned counsel for the petitioners has assailed the arrest primarily on the ground of non-compliance of the provision of Section 48 of the BNSS, 2023 relating to service of written ground of arrest upon the relatives/ friends/ nominated persons of the arrestees and subsequently violation of the provision of Vihaan Kumar Vs. State of Haryana & Another, reported in (2025) SCC Online SC 269
[5] The notice under Section 48 of BNSS, 2023 was issued addressed to the mother of the petitioner No. 2 and uncle of the petitioner No. 1 which are annexed to the instant bail application and the same are also available in the case diary.
[6] Upon perusal of the same, it is found that both the notices were issued but no ground of arrest has been mentioned therein.
[7] The learned Addl. P.P. submits that in the remand order passed by the learned Magistrate, it has been observed that the accused persons stated that their family members are informed of their arrest. However, they did not state that the ground of the arrest is known to the family members in writing or otherwise.
[8] Having regard to the above, it is evident that the arrest has been rendered illegal on account of violation of Section 48 of BNSS, 2023 as well as the direction of the Apex
