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2025 (6) TMI 1161
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....egistration No. UK-07-BS-0189 carrying two male persons and one female person are coming from Jorabat side, a team of DRI officers were constituted and a search operation was conducted. The search team intercepted one Tata truck bearing Registration No. AS-25-EC-3517, where the person sitting in the front cabin of the said truck was identified as P. Soul (petitioner No. 1) in this case as well as one Sailash Sephen, who is the driver of the said truck. The search team also intercepted one Toyota Fortuner car bearing Registration No. UK-07-BS-0189 and the occupant of the said vehicle were identified as Sahil Gurung, Pretty Thoitak and P. Maraipa. 4. During interrogation of the occupants of the vehicle, Sailash Sephen i.e., the driver of the said truck and Ms. Pretty Thoitak revealed that there are 274 numbers of soap cases concealed in specially built cavity/chamber in the driver's cabin of the said truck. 5. Accordingly, a search was conducted and 274 soap cases containing about 3180.83 grams of suspected heroin were seized. 6. It is pertinent to mention herein that the petitioners are approaching this Court praying for bail for the second time. Their previous application fo....
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....ated the purpose of issuing notice under Section 48 of the BNSS to the family members of the petitioners. 11. The learned senior counsel for the petitioners has cited the ruling of the Apex Court in the case of "Vihaan Kumar -Vs- State of Haryana" reported in "2025 SCC OnLine SC 269" in support of his submission, wherein the Apex Court has observed that the requirement of communicating the grounds of arrest in writing is there not only to the arrested person but also to the friends, relative or such other persons as may be disclosed or nominated by the arrested persons so as to make the mandate of Article 22(1) of the Constitution meaningful and effective, failing which such arrest may be rendered illegal. 12. The learned senior counsel, therefore, submits that in the instant case there has been violation of the constitutional mandate under Article 22(1) of the Constitution of India as well as statutory requirement under Section 47 and 48 of the BNSS which renders the arrest of the petitioners illegal and on that count they are entitled to get bail. 13. On the other hand, Mr. S. C. Keyal, learned standing counsel for the DRI has vehemently opposed the grant of bail to the petiti....
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....g in the reproduction of the notice served on the petitioner Sahil Gurung- "Notice under Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023:- In compliance with the provisions under Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023, You, Shri Sahil Gurung, DOB- 18/05/1999, aged about 25, S/o Shri Prakash Gurung, R/o Village Taphou Naga, P.O:P.S. Senapati Dist.- Senapati, Manipur-795106 are hereby informed that you have been found actively involved in the possession/ transportation/ carrying /dealing with the seized 3180.830 grams of Heroin having total value of Rs. 22,26,58,100/-, seized vide DRI Guwahati Case no. 21/CL/NDPS/HEROIN/DRI/GZU/2024-25 Dated 13.12.2024. Thus, you have consciously violated provisions of Section 8(c) of the NDPS Act, 1985, with rigorous punishment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. Therefore, you are being arrested under the provisions of Section 42/43 of NDPS Act, 1985 on 13.12.2024". 19. If we peruse the aforesaid notice, it appears that it not only contains about the int....
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.... transporting/ dealing with orange powdery substances believed to be Heroin powder weighing 3180.830 grams. Shri P. Soul will be produced before the Court of the Learned Chief Judicial Magistrate, Kamrup (M), Guwahati on 14.12.2024. As desired by Shri P. Soul, the above fact of his arrest is hereby being known to you. Sd/- (Dicken Pegu) Sr. Intelliegence Officer" 22. If we peruse the aforesaid notice, it appears that it contains information regarding the date of the arrest of the petitioner, namely, P Soul in connection with seizure of heroin. It also contains information that the petitioner was arrested for possessing/ carrying/ transporting/ dealing with orange powdery substance believed to be heroin which was weighing about 3180.830 grams. Thus, though minimal information has been provided in the notice but it cannot be said that it is bereft of grounds of arrest as it clearly states the grounds for which necessitated the arrest of the petitioner i.e., possessing, carrying, transporting, dealing with 3180.830 grams of suspected heroin. Thus, this Court is of considered opinion that the aforesaid notice does disclose about the basic facts which necessitated the arrest of t....