Gauhati High Court
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GAHC010212712025
2025:GAU-AS:14477
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3064/2025
AKKAS ALI ALIAS RAHUL
S/O ABDUS SAMAD
RESIDENT OF MADHUSALMARI PT I, PS GAURIPUR, DISTRICT DHUBRI,
ASSAM, PIN - 783331
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. SANU HUSSAIN, MS P BARMAN,MS J A RAHMAN,MR K
THAKUR
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 29.10.2025
Heard Mr. K. Thakur, learned counsel for the petitioner. Also heard Mr. K.K.
Parasar, learned Additional Public Prosecutor for the State.
2. This application filed under section 483 of the Bharatiya Nagarik Suraskha
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Sanhita, 2023, the accused petitioner namely, Akkas Ali @ Rahul, has prayed
for bail in connection with Special Case No. 337/2023 (arising out of Gauripur
P.S. Case No. 257/2023) under section 22(b)/22(C) of NDPS Act, pending in the
court learned Special Judge-cum-Additional District and Sessions Judge, Dhubri.
3. The case is pending in the court of learned Additional Sessions Judge,
Dhubri. The accused was arrested on 01.07.2023.
4. The learned counsel for the petitioner submits that he has limited
contention seeking bail and those contentions by way non-compliance of notices
under Section 50/50A CrPC (as existed then) at the time of his arrest and
seeking bail in terms of law laid down by the Hon'ble Supreme Court regarding
the same.
5. The learned Additional Public Prosecutor referred to two decisions - (i)
Pankaj Bansal vs. Union of India & Anr. reported in 2023 SCC OnLine SC
2122 (ii) Ram Kishore Arora vs. Directorate of Enforcement , SLP(Crl.)
12863/2023 and submits that perhaps the benefits of these provisions may
not be available at the time when the accused was arrested on 01.07.2025.
However, in terms of the subsequent leading decisions, in the cases of Prabir
Purkayastha Vs. State (NCT of Delhi), reported in (2024) 8 SCC 254 and
Vihaan Kumar Vs. State of Haryana, reported in (2025) SCC Online SC
269, such non-retrospective application of these benefits has not been laid
down.
6. Therefore, I am of the considered view that as per governing law, the
petitioner even if arrest prior to these decisions would be capable of availing the
benefits of these judgments, if there is no compliance of the notice at the time
of arrest. Section 50 notice may be reproduced herein below-
"You are hereby informed that vide notice that you have been
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arrested in connection with below referred case/circumstances. The case
is Non-Bailable/bailable to police.
Reference: Gauripur PS Case No. 257/23 U/S 22(b)/22(c) ndps Act,
1985.
Date & time of arrest: 01/07/2023 @ 11:00 AM."
7. It clearly follows that it does not detail the grounds of arrest and and
therefore, in term of Vihaan Kumar (supra), the accused would be entitled to
get bail in the instant case, despite the statutory restriction in Section 37 of
NDPS Act. It has been submitted by the learned counsel for the petitioner that
the petitioner has been detained in judicial custody since 05.09.2025.
8. In any case, there is also completion of investigation. I deem it fit to grant
bail to the petitioner, subject to strict conditions.
9. Accordingly, the accused-petitioner, named above, shall be released on bail
in connection with Special Case No. 337/2023 (arising out of Gauripur P.S. Case
No. 257/2023) under section 22(b)/22(C) of NDPS Act, on furnishing bail bond
of Rs.1,00,000/- with one suitable surety of the like amount to the satisfaction
of learned concerned court Special Judge, Dhubri.
10. The direction for bail is further subject to the conditions:
(a) That the petitioner shall not abscond;
(b) That the petitioner shall be available during trial;
(c) That the petitioner shall not hamper or tamper with evidence;
(d) That the petitioner shall not intimidate or harass or try to influence any
witnesses; and
(e) That the petitioner shall not indulge in any illegal activity, indulging
under the NDPS Act.
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11. Violation or breach of any condition(s) shall entail cancellation of bail.
12. With the above observations, this bail petition stands allowed and
disposed of accordingly.
JUDGE
Comparing Assistant
