Bail Appln./1128/2026 of RUP SINGH Vs THE UNION OF INDIA on 7 May 2026

ORDER

Date : 08.05.2026

Heard Mr. P.K. Saharia, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Standing counsel, NCB.

2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Rup Singh, has prayed for bail in connection with NDPS Case No. 01/2025 (arising out of NCB Guwahati Crime No. 08/2024), pending in the court learned Additional Sessions Judge, Rangia.

3. The petitioner was arrested on 25.01.2025.

4. The gist of the prosecution case is about recovery of commercial quantity of contraband in the nature of Ganja from co-accused person, Surjit Singh and the present petitioner was arrested based on the revelation from the co-accused.

5. The learned counsel for the petitioner has taken the Court through the notice under Section 47 BNSS and submits that it does not contain detail grounds of arrest in the manner required.

6. The scanned TCR has been received.

7. The learned Standing counsel, NCB, fairly submits that though he could not find the notice under Section 48 BNSS in the record but the notice under Section 48 BNSS has been found. It is submitted that the grounds of arrest in reasonable detail have been mentioned in the memorandum of arrest, which is available in the report.

8. I have perused the memo of arrest, and the notice under Section 47 BNSS. The said notice may be reproduced herein below –

NOTICE U/S-47 BNSS Rup Sing S/o Deo Singh R/o: Vidhya Mandir Path, Near Lalmati Gurudwarn, PO & PS – Basistha, Lalmati, Guwahati, 781029 Case No.. : NCB Guwahati Case No. 08/2024 U/S : 8 (C) to be readiwth 20 (b)(ii)(C) & 29 of NDPS Act, 1985. You are hereby informed that you are arrested in connection with the above reference case and violation of the NDPS Act, 1985 in connection with the seizure of 934.510 kgs of Ganga. The case is no- bailable. So, you will will be produced before the Hon’ble Jurisdictional Court. You may submit petition before the Hon’ble court for your bail. Signature of Arrestee Signature of I.O.

9. In terms of the governing law on the subject matter, in the context of Article 22(1) of the Constitution of India and the same law {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} – the aforesaid nature of the notice would not meet the requisite constitutional standards in terms of the settled law. Consequently, the further pre-trial detention of the accused is untenable and is required to be granted bail on the aforesaid technical grounds.

10. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with NDPS Case No. 01/2025 (arising out of NCB Guwahati Crime No. 08/2024), pending in the court learned Additional District and Sessions Judge, Rangia, on furnishing bail bond of Rs.75,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court (Additional District and Sessions Judge, Rangia).

11. 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 the remaining 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, including under the NDPS Act.

12. Violation or breach of any condition(s) shall entail cancellation of bail.

13. With the above observations, this bail petition stands allowed and disposed of accordingly.

JUDGE Comparing Assistant