Gauhati High Court
Tozzammil Hoque Alias Tozammel Hoque vs The State Of Assam on 5 August, 2025
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GAHC010132572025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2003/2025
TOZZAMMIL HOQUE ALIAS TOZAMMEL HOQUE
S/O LATE GULLZAR HUSSAIN
R/O SOUTH SALMARA PART-II
P.S. SOUTH SALMARA
DIST. SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
THE STATE OF ASSAM
REP BY THE LEARNED PP, ASSAM
Advocate for the Petitioner : MR. N J DUTTA, MR. S M MOLLAH
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 05.08.2025
1. Heard Mr. N.J Dutta, learned counsel for the petitioner. Also heard Mr.
K.K Parashar, learned Additional Public Prosecutor for the State of Assam.
2. This application under Section 483 of BNSS, 2023 has been filed by
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the petitioner Tozammil Hoque @ Tozammel Hoque who has been detained
behind bars since 11.04.2025 in connection with Special (N) Case No. 06/2025
corresponding to South Salmara Police Station Case No. 143/2024.
3. Mr. N.J Dutta, learned counsel for the petitioner has submitted that
the petitioner was initially arrested in connection with South Salmara P.S Case
No. 04/2025 on 07.01.2025 and while he was detained behind bars, the Trial
Court in Special (N) Case No. 06/2025, issued production warrant for his
production in the said case and accordingly, he was produced on 11.04.2025.
4. Learned counsel for the petitioner submits that on 11.04.2025 after
his production before the Court of Special Judge, South Salmara, Mancachar, he
was remanded back to custody till 19.04.2025. The learned counsel for the
petitioner submits that the act of remanding the petitioner to custody, in
connection with Special (N) Case No. 06/2025, amount to his arrest in the said
case. He, therefore, submits that, in such a case, the petitioner is entitled to
know about the grounds of his arrest in writing.
5. Learned counsel for the petitioner also submits that the
relatives/friends/nominated persons of the petitioner are also entitled to know
about the grounds of arrest of the petitioner in connection with Special (N) Case
No. 06/2025. He also submits that notice under Section 48(1) of BNSS, 2023
has to be issued/served on the family members/friends/nominated persons of
the petitioner. He further submits that any violation of the same would be
violation of the constitutional rights guaranteed under Article 22(1) of the
Constitution of India.
6. In support of his submissions, learned counsel for the petitioner has
relied on the ruling of the Apex Court in the Case of Dhanraj Aswami v. Amar
S. Mulchandani reported in 2024 10 SCC 336 as well as the Case of
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Kasireddy Upender Reddy v. The State of Andhra Pradesh (judgment
dated 23.05.2025 in Criminal Appeal No. 2808/2025).
7. On the other hand, Mr. K.K Parashar, learned Additional Public
Prosecutor for the State of Assam has submitted that apparently the obligation
under Section 47 & 48 is only restricted to Police Officer or other person
arresting any person and the same does not appear to be applicable in case as
the remand is made by the order of the Court. However, he submits that as the
petitioner has raised a new plea in support of which he has cited a few
authorities, he seeks some time to find out counter authority in this regard, and
make his submissions thereafter.
8. Considering the contentions raised by the learned counsel for the
petitioner, he is requested to give a written gist of his submissions before the
next date fixed with an advance copy thereof to the learned Additional Public
Prosecutor for the State of Assam so that he can prepare the counter proceed.
9. Let this matter be listed again on 08.08.2025.
JUDGE
Comparing Assistant
