Gauhati High Court
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GAHC010212042025
2025:GAU-AS:16109
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3067/2025
GOSWAMI DHARMENDRA RAMNAGESWAR
S/O- GOSWAMI RAMNAGESWAR, R/O- VILL-66 AKSHAR PURUSHOTTAM
NAGAR SOCIETY
OPPOSITE GUJARAT VEPANI MAHAMANDAL
P.O. AND P.S. ODHAR
AHMEDABAD CITY, GUJARAT.
VERSUS
THE UNION OF INDIA
REP BY THE SC, NCB
Advocate for the Petitioner : MR. N J DUTTA, B AHMED,MR. T HUSSAIN
Advocate for the Respondent : SC, NCB,
BEFORE
HON'BLE MR. JUSTICE PRANJAL DAS
ORDER
26/11/2025
Heard Mr. N J Dutta, learned counsel for the petitioner and Ms. M Deka, learned
counsel appearing for the NCB.
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2. By filing this application under Section 483 of the BNSS, 2023, the petitioner, namely,
Goswami Dharmendra Ramnageswar, has sought for bail in connection with NDPS Case
No.26/2022 (corresponding to NCB Crime No. 20/2021) under Section 8(c) of NDPS Act read
with Sections 20(b)(ii)(c)/28/29 of the NDPS Act, 1985, pending in the Court of learned
Additional Sessions Judge No.2, Kamrup (Metro), Guwahati.
3. The factual matrix leading to the bail application is that on 06.08.2021, the NCB team
of Guwahati got information from reliable source that two persons, namely, Goswami
Dharmendra Ramnageshwar, i.e., present petitioner and Kamlesh Kumar would be carrying a
huge quantity of Ganja which was concealed in a truck bearing No. GJ-20-U-6697.
Accordingly, a search was conducted and the NCB team intercepted the truck. During search,
275.29 Kgs of Ganja were recovered from the roof top of the truck which was seized and the
accused persons including the petitioner were arrested accordingly.
4. It is contended by Mr. Dutta, learned counsel for the petitioner that the petitioner is in
custody since his arrest on 07.08.2021 in connection with the instant case, i.e., NDPS Case
No. 26/2022 arising out of NCB Crime No. 20/2021 under Section 8(c) of NDPS Act, read with
Sections 20(b)(ii)(c)/28/29 of the NDPS Act. The case is at the stage of trial and pending
before the learned Additional Sessions Judge No. 2, Kamrup (Metro) at Guwahati.
5. It is also submitted that out of the 7 listed witnesses, 3 witnesses have already been
examined.
6. The primary contention of the learned counsel for the petitioner is that there has
been non-compliance with the Notice under Section 50 Cr.P.C. (as it exists therein). A copy of
the Notice has been annexed with the petition.
7. The prosecution represented by the learned Standing counsel, NCB, which is the
Investigating Agency, has submitted a written bail objection. The allegation was about seizure
of a huge quantity of suspected Ganja from the two accused persons in their vehicle. The
suspected Ganja is quantified at approximately 275 kgs. and therefore, way above the
commercial quantity, which is stipulated as above 20 kgs.
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8. The scanned copy of the case record has been received and I have perused the
Notice under Section 50 Cr.P.C. available therein and find that it is the same Notice which has
been annexed with the petition. The said Notice may be reproduced hereinbelow:
"NOTICE U/S 50 Cr.P.C.
Shri Goswami Dharmendra Ramrageshwar
S/o. Goswami Ramrageshwar
Village:66, Akshar Purushottamnagar Society,
Opp. Gujrat Vepani Mahamandal
Post Office: Odhar
Police Station: Odhar, Ahmedabad City, Gujarat
U/s. 8(c) read with 20(b)(ii)(c) and 29 of NDPS Act.
Your are hereby informed that your are arrested in connection with the above
reference case and the case is non bailable. So, you are forwarded to the Court. You
may submit petition before the Hon'ble Court for your bail.
Sd/- Illegible Sd/- Illegible
7/8/21 07/08/2021
Signature of Arrestee Signature of I/O.
(Seal)"
NOTICE U/S 50 Cr.P.C.
Shri/Smt. : Goswami Dharmendra Ramnageshwar
S/o., D/o. W/o : Goswami Ramnageshwar
Village- : 66 Akshar Purushattamnagar Society
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Opp. Gujrat Vepani Mahamandal
Post Office : Odhar
Police Station : Odhar, Ahmedabad City, Gujrat
U/s. : 8(c) read with 20(b)(ii)(c) and 29 of NDPS Act, 1985
Your are hereby informed that your are arrested in connection with the
above reference case and the case is non-bailable. So, you are forwarded to the Court.
You may submit petition before the Hon'ble Court for your bail."
9. It is also submitted by the petitioner that the similarly placed co-accused, Kamlesh
Kumar was granted bail by this Court on 11.04.2025 in Bail Appln. 3868/2024 on the ground
of non-compliance of Section 50 Cr.P.C.
10. The law is well settled now that grounds of arrest in reasonable detail and specific to
the accused person have to be provided to the accused at the time of his arrest and it has
also to be furnished to his nominated relatives or persons. The relevant provisions are Section
47/48 BNSS, corresponding to earlier Section 50/50A Cr.P.C. In the event of non-compliance
with the stipulations, the subsequent detention of the accused would become untenable for
being violative of the constitutional provisions under Article 22(1) of the Constitution. It
has also been held that once the accused is found entitled to bail due to non-compliance with
the notices, then such a right would prevail despite the existence of any statutory bars on
bail.
11. Reference in this regard may be made to the decisions of Prabir Purkayastha Vs. State
(NCT of Delhi) reported in (2024) 8 SCC 254 and Vihaan Kumar Vs. State of Haryana and Another,
reported in (2025) SCC OnLine SC 269.
12. Coming back to the instant case, the aforesaid nature of the Notice under Section 50
Cr.P.C. is clearly bereft of the necessary details and could not meet the stipulated standards
laid down by the Hon'ble Supreme Court in the aforementioned cases. Of course, the arrest
was in August, 2021 and the judgments came much later; however, no decision has been
brought to notice or has come to the notice of the Court holding that the principles laid down
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in the aforesaid two judgments are not retrospective.
13. Accordingly, this Court is of the considered opinion that the continued under trial
detention of the accused petitioner would be untenable and he is required to be granted bail,
also keeping in mind the aspect of parity with regard to the bail granted to the co-accused,
on similar grounds.
14. Consequently, the accused petitioner, namely, Goswami Dharmendra Ramnageswar,
shall be released on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lakh) with
one surety of the like amount to the satisfaction of the learned Additional Sessions Judge No.
2, Kamrup (M), Guwahati, subject to the following conditions:
(i) the petitioner shall not abscond and shall be available for the remaining trial.
(ii) the petitioner shall not hamper or tamper with the evidence.
(iii) The petitioner shall not misuse his liberty to commit any offence, including
any activities prohibited by the NDPS Act.
15. Violation of the bail conditions would entail cancellation of the bail.
16. Bail application stands allowed and disposed of on the aforesaid terms.
JUDGE
Comparing Assistant
