District Kamrup (M) vs Meghalaya on 6 July, 2026

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    Meghalaya High Court

    District Kamrup (M) vs Meghalaya on 6 July, 2026

    Author: W. Diengdoh

    Bench: W. Diengdoh

                                                                          2026:MLHC:667
    
    
    
    Serial No. 10
    Regular List
    
    
    
                              HIGH COURT OF MEGHALAYA
                                    AT SHILLONG
    
    BA. No. 43 of 2026
                                                            Date of Decision: 06.07.2026
    Deepa Hazarika
    Aged about 50 years
    Wife of Dip Hazarika
    Resident of Zoo Narangi Road
    Geetanagar, Chinakipath, P.S. Geetanagar
    District Kamrup (M), Assam
    
                                                                    ...... Petitioner
                                          - Vs-
    1. State of Meghalaya,
       Represented by the Public Prosecutor,
       Meghalaya
                                                                    ...... Opposite Party
    Coram:
              Hon'ble Mr. Justice W. Diengdoh, Judge.
    Appearance:
    For the Petitioner/Appellant(s)   :           Mr. A.K. Bhuyan, Sr. Adv with
                                                  Mr. H. Kalita, Adv.
                                                  Mr. S. Chowdhury, Adv.
    
    For the Respondent(s)             :           Mr. R. Gurung, GA.
                                                  Mr. H. Kharmih, Addl. PP.
    i)     Whether approved for reporting in                         Yes/No
           Law journals etc.:
    
    ii)    Whether approved for publication
           in press:                                                 Yes/No
    
    
    
    
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                                                                      2026:MLHC:667
    
    
    
    
                          JUDGMENT AND ORDER (ORAL)

    1. Heard Mr. A.K. Bhuyan, learned Sr. counsel for the petitioner, who

    has submitted that this petition has been filed on behalf of the accused, Dip

    SPONSORED

    Hazarika, who was arrested on 13.06.2026 and is still in custody till date in

    connection with Tura P.S Case No. 70/2026 under Section

    336(2)(3)/318(4)/338/111(2)(b) BNS, 2023.

    2. It is the submission of the learned Sr. counsel that the case imamates

    from the FIR dated 13.06.2026 lodged by UBSI Gaurav B. Koch of Tura Police

    Station, the case essentially being that of fraud said to have been committed on

    one person by the name of Sonu Banlae to the tune of ₹ 3,00,000/- (Rupees three

    lakhs) only, the name of the accused has been of the petitioner has also appeared

    as one of the accused persons involved in the case.

    3. The learned Sr. counsel has further submitted that the accused

    husband of the petitioner (referred to as accused hereinafter) was firstly detained

    at Greenwood Hotel, Guwahati Assam on 12.06.2026 at about 10:00 to 10:30

    AM, without producing him before the Magistrate having jurisdiction over the

    place of arrest, he was straight away taken to Tura, West Garo Hills, Meghalaya,

    and by way of a forwarding report dated 13.06.2026 filed before the learned

    Court of the Chief Judicial Magistrate, West Garo Hills, Tura, a prayer was made

    to remand the accused to police custody for a period of 7(seven) days.

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    2026:MLHC:667

    4. It is the contention of the learned Sr. counsel that the whole process

    of arrest and custodial incarceration of the accused person is a violation of the

    due process of law and the relevant provision of the Constitution of India as well

    as that of the BNSS, 2023. In this regard, the learned Sr. counsel has submitted

    that Section 48 of the BNSS have been violated, inasmuch as, at the time of his

    arrest, it is the duty of the police to inform the relatives, friends or such other

    person as may be disclosed or nominated by the arrested person for the purpose

    of giving such information, which was not done so in the case of the accused

    person herein. This is also a violation of the principle laid down in the case of

    D.K. Basu vs. State of W.B (1997) 1 SCC 416, para 35(6), wherein the Supreme

    Court has directed that “(6) An entry must be made in the diary at the place of

    detention regarding the arrest of the person which shall also disclose the name

    of the next friend of the person who has been informed of the arrest and the

    names and particulars of the police officials in whose custody the arrestee is”.

    5. The next limb of argument advanced by the learned Sr. counsel is

    that there is a violation of the fundamental rights of the accused person,

    inasmuch as, he was firstly detained by the police at Guwahati in the State of

    Assam and without producing him before the Jurisdictional Magistrate for transit

    remand, he was straight away taken to another State that is, Meghalaya and

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    2026:MLHC:667

    produced before the learned CJM at Tura. This according to the learned Sr.

    counsel, is a violation of the Constitutional Provision of Article 22 Clause 2,

    which provides as follows:

    “22. Protection against arrest and detention in certain cases. –
    (2) Every person who is arrested and detained in custody shall be
    produced before the nearest magistrate within a period of twenty-four
    hours of such arrest excluding the time necessary for the journey
    from the place of arrest to the court of the magistrate and no such
    person shall be detained in custody beyond the said period without
    the authority of a magistrate.”

    6. The case of Directorate of Enforcement v. Subhash Sharma was

    cited by the learned Sr. counsel, wherein vide order dated 21.01.2025 passed in

    Special Leave Petition (Criminal) No. 1136/2023 at para 5, 6, 7 and 8, the

    Supreme Court has laid stressed on the application of the fundamental rights of

    an accused person under Article 21 and 22 of the Constitutions of India and has

    held that violation of such constitutional provision at the time of arrest of the

    accused would enable him to be released on bail.

    7. In view of the above, the learned Sr. counsel has submitted that the

    caused of such serious procedural lapses affecting the fairness of the arrest of the

    accused person herein, therefore, a prayer is made for grant of bail with any

    conditions to be imposed by this Court, considering the fact that the accused

    person is a permanent resident of Guwahati, Assam and has no criminal

    antecedent, he is further committed to cooperate with the investigation and to

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    2026:MLHC:667

    appear before the Investigating Officer (I/O) as and when required.

    8. Per contra, Mr. R. Gurung, learned GA appearing on behalf of the

    State respondent has fairly submitted that records would show that the accused

    person was not produced before the Jurisdictional Magistrate at Guwahati at the

    time of his arrest. However, reference has been made to page 21 and 22 of this

    petition, wherein is found annexed the Memorandum of Arrest and the details

    therein, which would indicate that the arrested person was duly intimated of the

    reason of his arrest and that his relatives who is his cousin brother has been duly

    intimated of such arrest, his signature as Nitu Sarma being evident at page 22 of

    this petition, therefore, it cannot be said that the direction of D.K. Basu case was

    ever violated. It is therefore prayed that this petition is devoid of merits and the

    same be dismissed.

    9. This Court having heard the parties, and on perusal of the case diary

    as well as the petition in hand, and considering the facts as revealed by the

    learned Sr. counsel for the petitioner, is convinced that the accused person herein

    was intercepted and detained at the first instance at Greenwood Hotel, Guwahati,

    in the State of Assam and was then taken directly to Tura in the West Garo Hills

    District of Meghalaya where he was formally arrested. Between the time of his

    detention and the actual time of arrest, notwithstanding the fact that he was never

    produced before the Magistrate at the first instance, according to the petitioner,

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    the period of detention has cross 24 hours.

    10. In the case of Biswajit Mandal v. Inspector, Narcotic Control

    Bureau, Cochin Zonal Unit, vide order dated 12.08.2025 in BAIL APPL. No.

    8581 of 2025, the Kerala High Court at para 20 of the same has held that the

    period of 24 hours to produce the accused before the Magistrate runs from the

    time when the accused was effectively detained. This proposition would apply

    to the case of the accused person herein.

    11. Without proceeding further, this Court is convinced that there have

    indeed been procedural lapses on the part of the arresting authority as far as the

    accused person is concerned, and as such, his arrest is not in accordance with

    law. He is therefore entitled to be granted bail.

    12. Accordingly, the prayer of the applicant is hereby allowed, the

    accused person in question is hereby directed to be released on bail on the

    following conditions:

    i) That he shall not abscond or tamper with the evidence or

    witnesses;

                ii)     That he shall attend court as and when called for;
    
                iii)    That he shall not leave the jurisdiction of Meghalaya and
    
    

    Assam, except with due permission of the court concerned;

    and

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    iv) That he shall bind himself on a personal bond of ₹ 50,000/-

    (Rupees fifty thousand) only with two local sureties of like

    amount to the satisfaction of the Trial Court.

    13. In view of the above, this petition is disposed of accordingly. No

    costs.

    Judge

    Signature Not Verified 7
    Digitally signed by
    DARIKORDOR NARY
    Date: 2026.07.06 19:47:38 IST



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