ANOWAR HUSSAIN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SC Biswas learned Council appearing for the petitioner and also heard Mr. B Sharma learned Additional Public Prosecutor for the State of Assam.

(2.) This is an application under Sec. 483 of the BNSS 2023 for granting regular bail to the accused petitioner who, as per the memo of arrest, was arrested on 1/7/2025 and has been behind bars since then. The petitioner was arrested in connection with NDPS case number 92/2025, corresponding to Government Railway Police Station Badarpur Case No. 20 of 2025, under Sec. 21(c) of the NDPS Act.

(3.) Drawing the attention of this Court to the notice under Sec. 47 and 48 of the BNSS served upon the petitioner and his wife respectively, the learned counsel for the petitioner has submitted that the notice under Sec. 47, BNSS had been served on the petitioner in English language, with which he was not conversant. Referring to the notice under Sec. 48 of the BNSS, the learned counsel submitted that the grounds of arrest declared therein were not sufficient for the wife of the petitioner to understand the grounds in a manner to effectively defend her husband. By drawing the attention of this Court to the arrest memo under Sec. 36 of the BNSS, Counsel for the petitioner has submitted that the said memorandum of arrest is not attested as required under the provisions of the BNSS, 2023.