GUWAHATI, India, March 1 -- Gauhati High Court issued the following order on Jan. 29:

1. Heard Mr. M A Choudhury, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned counsel appearing for the respondent No. 2.

2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused/petitioner, namely, Sarjul Haque Tapadar @ Sarjul Hoque Tapadar, in connection with Special (NDPS) Case No. 37/2025, which is pending before the court of learned Court of Special Judge, Sribhumi, arising out of Badarpur P.S. Case No. 76/2025, under Sections 22(c)/25/29 of the NDPS Act, 1985.

3. The case of the petitioner is that on 17.04.2025 an information was received by the Officer-In-Charge, of Badarpur Police Station, that two vehicle enroute from Silchar side to Sribhumi Via Badarpur, was suspected to be carrying substantial quantity of contrabands. Acting on the information an entry was made in General Diary Entry (GDE) No. 32, dated 17.04.2025, and thereafter a team was constituted and, Naka checking was set up near Sethi Flour Mill where the vehicles Bolero Pick-up bearing registration No. AS-01MC2851 which was driven by Yahiya Khan along with the other vehicle which was following the first vehicle, Bolero Camper without number plate driven by Sumon Uddin were intercepted and on being searched total 16 Kgs and 673 grams suspected Yaba tablets were recovered from Bolero Pick-up bearing registration no. AS-01MC-2851. Accordingly, FIR was registered as Badarpur P.S Case No. 76/2025 under Sections 22(c)/25/29 of NDPS Act, 1985, further registered as Special (NDPS) Case No. 37/2025.

6. The present petitioner was subsequently arrested after investigation revealed his role.

7. An earlier bail application on behalf of the present petitioner being Bail Application No. 1887 of 2025 was rejected by order dated 04.09.2025 on finding sufficient material against him in the CD.

8. Learned counsel for the petitioner, in the instant application has taken a new ground, which is violation of the constitutional rights of the petitioner. It is submitted that the petitioner was arrested at 3:30 a.m on 21.04.2025 from his residence at Ranigram, Sribhumi whereafter, he was taken to Badarpur Police Station and subsequently produced before the Court at 2:30 p.m on 22.04.2025, at Sribhumi. It is submitted that the period of 24 hours within which the arrestee is required to be produced before the arresting Magistrate expired on 22.04.2025 at 3:30 a.m, and even considering the time required for travel which would be no more than 2 hours, the said period would expire around 5:00 a.m., but the petitioner was produced before the Magistrate only at 2:30 p.m, which is way beyond the permissible limit.

9. A perusal of the CD would reveal that the Police Team proceeded to the house of the petitioner at 3:40 a.m on 21.04.2025, and after apprehending the petitioner left at 5:15 a.m on 21.04.2025.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2FZJOVMHod9MDrPm%2F7Cf2VnYLyf2J6gQTFh7ltDaj3fx&caseno=Bail%20Appln./3814/2025&cCode=1&cino=GAHC010262832025&state_code=6&appFlag=)

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