Gauhati High Court
Page No.# 1/6 vs The State Of Assam on 13 May, 2025
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/6
GAHC010089412025
2025:GAU-AS:5871
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1340/2025
SAHARUL ISLAM AND ANR
S/O ABDUL ROUF
R/O VILL-CHARARPAR, P.O. BHAIRAB NAGAR, P.S. RAMKRISHNA NAGAR,
DIST. SRIBHUMI, ASSAM
2: ATIQUR RAHMAN
S/O SIRAJUL ISLAM TALUKDER
R/O VILL- CHARARPAR
P.O.BHAIRAB NAGAR
P.S. RAMKRISHNA NAGAR
DIST. SRIBHUMI
ASSA
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. M AHMED,
Advocate for the Respondent : PP, ASSAM,
Page No.# 2/6
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
O R D E R
13-05-2025 Heard Mr. M. Ahmed, learned counsel for the petitioners and Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the State.
2) The petitioners, namely, (i) Saharul Islam, son of Abdul Rouf and (ii) Atiqur Rahman Talukdar, son of Sirajul Islam Talukdar, both residents of Village-Chararpar, Post Office-Bhairab Nagar, Police Station-Ramkrishna Nagar, District-Sribhumi, earlier Karimganj, have filed this application under Section 483 BNSS, 2023 on 25.04.2025 praying for their bail in Special (NDPS) Case No. 66/2024, arising out of Ramkrishna Nagar Police Station Case No. 84/2024, registered under Sections 22(c)/25/29 of the NDPS Act, 1985, corresponding to GR No. 1245/2024, in which, they were arrested on 16.06.2024 and are in custody since then.
3) Matter relates to recovery of 30,000 numbers of Yaba Tablets, from the conscious possession of the petitioners from a bag which the petitioners carried by keeping it in between the driver and the passenger seat of the TVS King Autoricksaw bearing Registration No. AS-10-AC-9439 that was coming from Chowrapar bazaar side towards Bhairabnagar, driven by petitioner No.1 Saharul Islam accompanied by petitioner No.2 Atiqur Rahman Talukdar while the said Autoricksaw was checked in presence of independent witnesses during Naka Checking at Charapar Peshawala around 07:15 pm on 15.06.2024.
4) After their arrest on 16.06.2024, both the petitioners were produced before the learned Chief Judicial Magistrate, Karimganj on 16.06.2024 itself.
5) After completion of the investigation of the case, Charge Sheet in said Ramkrishna Nagar P.S. Case No. 84/2024 was filed on 30.11.2024 vide Charge Sheet No. 125/2024 under Sections 22(c)/25/29 of the NDPS Act, 1985 against the petitioners.
Page No.# 3/6
6) After filing of the charge sheet in said Ramkrishna Nagar P.S. Case No. 84/2024 on 30.11.2024 corresponding to G.R. No. 1245/2024, the said case was re-registered and re- numbered as Special (NDPS) Case No. 66/2024 before the Court of learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi.
7) Petitioners contended that considering their detention in custody since 16.06.2024 in said Ramkrishna Nagar P.S. Case No. 84/2024, they should be released on bail.
8) The petitioners further contended that while arresting them on 16.06.2024 in said Ramkrishna Nagar P.S. Case No. 84/2024, the authorities of Ramkrishna Nagar Police Station in said Ramkrishna Nagar P.S. Case did not specify the grounds of their arrest and also did not inform their nominated persons pertaining to their arrest in said Ramkrishna Nagar P.S. Case as required under Sections 50 and 50A of the Cr.P.C., violating their fundamental rights guaranteed under Article 22(1) of the Constitution of India.
9) In this regard, the petitioners relied upon the decision of the Hon'ble Supreme Court in the cases of Prabir Purkayastha Vs. State (NCT of Delhi) , reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana & Anr., reported in (2025) SCC OnLine SC 269.
10) Perused the record of Special (NDPS) Case No. 66/2024 along with the record of Ramkrishna Nagar P.S. Case No. 84/2024 that were called for by order dated 01.05.2025.
11) From the records of Ramkrishna Nagar P.S. Case No. 84/2024, it is seen that the FSL report dated 16.08.2024 confirmed the seized NDPS items recovered from the petitioners contain Methamphetamine.
12) On perusal of the records of the case, it is seen that in the Notice under Section 50 of the Cr.P.C. served on the petitioners by the police authorities of Ramkrishna Police Station in Ramkrishna Nagar P.S. Case No. 84/2024, though they were informed that they were arrested on 16.06.2024 at about 11:30 AM in said Ramkrishna Nagar P.S. Case, but the police authorities concerned did not provide the full particulars of the offence for which they were arrested and other grounds for their such arrest. Further, no Notice under Section 50A CrPC in said Ramkrishna Nagar P.S. Case No. 84/2024 was ever issued to their relatives or authorised persons. Moreover, in the said Notice under Section 50 Page No.# 4/6 CrPC, the petitioners were also not informed by the authorities of Ramkrishna Nagar Police Station that they are entitled to be released on bail and they may arrange for sureties on their behalf. As such, the Police authorities of Ramkrishna Nagar Police Station while arresting the petitioners in said Ramkrishna Nagar P.S. Case No. 84/2024 violated the provisions of Article 22 of the Constitution of India.
13) Considering such materials in the case records and since the police personnel of Ramkrishna Nagar Police Station while arresting the petitioners on 16.06.2024 in Ramkrishna Nagar P.S. Case No. 84/2024 did not comply with the provisions of Sections 50 and 50A of the CrPC, and thereby violated the Provision of Article 22 of the Constitution of India, the petitioners are entitled for their bail in said Special (NDPS) Case No. 66/2024, arising out of Ramkrishna Nagar P.S. Case No. 84/2024, corresponding to G.R. No. 1245/2024, the trial of which is presently pending before the Court of the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj, if they are not required in any other criminal case.
14) Accordingly, the petitioners, namely, (i) Saharul Islam, son of Abdul Rouf and (ii) Atiqur Rahman Talukdar, son of Sirajul Islam Talukdar, both residents of Village- Chararpar, Post Office-Bhairab Nagar, Police Station-Ramkrishna Nagar, District-Sribhumi, be released on bail in said Special (NDPS) Case No. 66/2024, arising out of Ramkrishna Nagar P.S. Case No. 84/2024, corresponding to G.R. No. 1245/2024, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), only by each of the petitioner, with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, permanently serving in the State of Assam, to the satisfaction of the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj subject to the conditions that the petitioners, named above --
i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS)-
cum-Sessions Judge, Sribhumi at Karimganj without obtaining prior written permission from the said authority, till disposal of said Special (NDPS) Case No. 66/2024;
Page No.# 5/6
ii) shall regularly attend the Trial before the learned Special Judge (NDPS)-cum-
Sessions Judge, Sribhumi at Karimganj in said Special (NDPS) Case No. 66/2024 and shall co-operate with the said Special Court during the trial of the said case till its disposal;
iii) shall not hamper and/or tamper with the evidence of the case;
iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court and
v) shall not involve themselves in any criminal activities in the future.
15) Violation of any of the aforesaid terms and conditions by the petitioners, namely,
(i) Saharul Islam and (ii) Atiqur Rahman Talukdar, the bail granted to them in said Special (NDPS) Case No. 66/2024, arising out of Ramkrishna Nagar P.S. Case No. 84/2024, corresponding to G.R. No. 1245/2024 shall stand automatically vacated.
16) It is also made clear that the learned Special Judge (NDPS)-cum-Sessions Judge, Sribhumi at Karimganj shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioners, named above on bail in said in said Special (NDPS) Case No. 66/2024 to procure their attendance during the trial of the said case.
17) It is observed that this order relates to bail of the accused petitioners, namely, (i) Saharul Islam and (ii) Atiqur Rahman Talukdar, in said Special (NDPS) Case No. 66/2024, arising out of Ramkrishna Nagar P.S. Case No. 84/2024 and not on merits of the case.
18) With the above observation and direction, this bail application stands allowed to the extent above.
JUDGE Page No.# 6/6 Comparing Assistant