Accused Entitled to Bail as Arrest Violated Sections 47 and 48 of Bharatiya Nagarik Suraksha Sanhita, 2023
In a landmark decision, the Gauhati High Court, under the guidance of Justice Sanjeev Kumar Sharma, has granted bail to three individuals arrested in connection with a narcotics case. The court found that the arrest procedures violated statutory requirements, rendering the arrest illegal and entitling the accused to bail.
The case involved petitioners Bappi Sarkar, Naba Das, and Sanjay Sing, who were apprehended on July 19, 2025, for allegedly possessing 75.4 kg of suspected Ganja. They were charged under Sections 20(b)(ii)C/29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. However, the defense argued that the arrest notices issued under Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not in a language understood by the accused or their family members.
The court noted significant procedural lapses, including the issuance of notices in English—a language not understood by the accused or their families. The notices, sent via WhatsApp, lacked proof of service, further violating legal mandates. Citing the precedent set in Vihaan Kumar v. State of Haryana, the court emphasized the necessity of compliance with procedural safeguards to uphold the principles of natural justice.
Justice Sharma ordered the release of the petitioners on a bail amount of Rs. 100,000 each, with two sureties. The judgment also stipulated conditions for any further remand or custody applications, directing that principles of natural justice be strictly adhered to, as outlined in the case of Mihir Rajesh Shah v. State of Maharashtra.
This ruling underscores the judiciary's commitment to procedural integrity and the protection of individual rights, particularly in cases involving serious allegations under the NDPS Act.
Bottom Line:
Non-compliance with provisions under Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding notice in a language understood by the accused and their family members, renders the arrest illegal, entitling the accused to bail.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 47, 48
Sri. Bappi Sarkar v. State of Assam, (Gauhati) : Law Finder Doc id # 2854949
