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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Surjit Singh, Son of Sardool Singh – Appellant
Versus
Union Of India, Represented By The Standing Counsel – Respondent
| Table of Content |
|---|
| 1. establishing jurisdiction and factual background of the ndps arrest. (Para 1 , 2 , 3) |
| 2. compliance with procedural requirements for informing an accused of grounds of arrest under bnss. (Para 4 , 5 , 6 , 7 , 8) |
| 3. prospective application of legal guidelines regarding communication of arrest grounds to family. (Para 9 , 10 , 11) |
| 4. applicability of section 37 ndps act bar for commercial quantity of contraband. (Para 12) |
| 5. formal rejection of the bail application. (Para 13) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
Heard Mr. P.K. Saharia, learned counsel for the petitioner. Also heard Mr. R.K. Dev Choudhury, learned Standing Counsel for the NCB.
2. This is an application under Section 483 of the BNSS, 2023 for granting bail to the accused/petitioner, namely, Surjit Singh, who was arrested on 03.08.2024, in connection with NDPS Case no. 01/2025 arising out of NCB Guwahati Crime No. 08/2024 under Section 20(b)(ii) (c) of the NDPS Act, pending before the Court of learned Additional District and Sessions Judge, Rangia, Assam.
3. The facts as revealed by the FIR is that on 02.08.2024 at around 8.35 p.m. a truck bearing registration number PB06AU9134 was seen coming from Tezpur side
Mandatory communication of arrest grounds to an accused is essential, but requirements to notify family or nominated persons regarding such grounds operate prospectively; additionally, the recovery o....
Strict compliance with statutory provisions regarding notice to relatives during arrest is essential to safeguard the accused's rights under Article 21 of the Constitution.
The court ruled that bail should be granted due to insufficient evidence against the petitioner and the acquittal of co-accused, establishing reasonable grounds for presuming his innocence.
The legal principle established is that adherence to procedural safeguards during arrest is essential, but failure to satisfy conditions mandated by Section 37 of the NDPS Act prevents bail in cases ....
The requirement to communicate arrest grounds is essential for upholding due process as mandated by Article 22(1).
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