[Cites 7, Cited by 0]
Gauhati High Court
Dist. West Tripura vs The Union Of India on 28 November, 2025
Page No.# 1/4
GAHC010190392025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2134/2025
SWAPAN MALAKAR
SON OF LATE NANDULAL MALAKAR
R/O VILL- JUGENDRA NAGAR
BANKUMARI AJIT PALLY
P.O. COLLEGE TILLA
P.S.. PURBA
THANA/AGARTALA EAST
DIST. WEST TRIPURA
TRIPURA
PIN- 799010
VERSUS
THE UNION OF INDIA
REP. BY THE SC
NCB
------------
Advocate for : MR. N J DUTTA
Advocate for : SC
NCB appearing for THE UNION OF INDIA
Page No.# 2/4
BEFORE
HON'BLE MR. JUSTICE PRANJAL DAS
ORDER
28.11.2025
Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Ms. M.
Deka, learned Standing Counsel for the NCB.
2. By invoking the provisions of Section 483 of the BNSS, 2023 the accused
petitioner Swapan Malakar is seeking regular bail in connection with NDPS Case
No. 27/2021 corresponding to NCB Crime No.17/2020 under Section 8(C) of
NDPS Act, R/W. Section 20(b)(ii)(c)/29 of NDPS Act, 1985, pending before the
Court of learned District & Sessions (Special Judge), Kamrup (M).
3. The accused is stated to have been arrested on 14.12.2020 itself and
charge-sheeted vide charge-sheet dated 10.06.2021 listing 11 witnesses.
Charge was framed on 17.01.2022 and so far, five witnesses have been
examined.
4. The learned counsel for the petitioner has drawn my attention to the
notices under 50 and the said notice is annexed with the petition, which is
herein below:-
NOTICE U/S 50 Cr.P.C.
Shri/Smt. Swapan Malakar
S/o, D/o, W/O Lt Nandul Malakar
Village:-Jogendra nagar, Bankumari, Ajit Palli
Post Office- College Tila
Police Station-Purbathana Dist W/Tripura
Page No.# 3/4
U/S- 8(C), 20(b), (ii) (c) & 29 of NDPS Act, 1985 (As amended)
You are hereby informed that you are arrested in connection with the above reference
case and the case is non-bailable. So, you arre forwarded to the Court. You may submit
petition before the Hon,ble Court for your bail.
5. In para-9 of the affidavit filed the prosecution, it is that the notice under
section 50 Cr.P.C (as it existed) then, was duly issued, memorandum of arrest
prepared, an intimation of arrest was given to the father of the accused. The
notice annexed with the petition bears the purported signature of the arrestee
and is dated 14.10.2020. It is a copy of the certified copy issued from the Court
and it is annexed as Annexure-9 and certified to be true copy by the learned
Advocate Mr. B. Ahmed. The learned prosecution does not dispute that the same
notice is not the one under under 50 Cr.P.C.
6. The aforesaid notice clearly would not meet the stipulations laid down by
the Hon'ble Supreme Court Vihan Kumar (supra) and Prabir Purakayastha
(supra) cases vis-a-vis Article 22(1) of the Constitution of India.
7. The grounds of arrest are required to be in reasonable detail and specific
to the accused person and these have to be furnished not only to the accused
person, but also his nominated person/ relatives, in terms of the Constitutional
mandate. In the event of such violation, the continued under trial detention of
the accused shall become untenable and this would be so, even, if there are
other statutory restrictions on grant of bail. No judgment has come to notice or
has been placed to indicate that the principles laid down in the aforesaid
decisions are not retrospective. Accordingly, in the in the given situation, the
accused person is required to be given granted bail at this stage. In any case,
he has been in under trial detention since 14.12.2020.
7. Accordingly, in the given facts and circumstances, the accused person
Page No.# 4/4
herein is allowed to go on bail of Rs. 75,000/- with one surety of like amount
to the satisfaction of the learned Special Judge, Bongaigaon and subject to the
following conditions that:-
(i) That the accused person shall be available during the trial,
(ii) That the accused shall not hamper or tamper with evidence.
(iii) He shall not in any manner indulge in any illegal activities, including any
activities prohibited under the NDPS Act.
8. In case of violation of any bail conditions, it will be liable to be cancelled.
9. This bail application stands allowed and disposed of.
10. Send back the case diary.
JUDGE
Comparing Assistant
