Procedural irregularities or non-compliance with arrest protocols do not override Section 37 NDPS Act for commercial quantity bail.

On February 6, 2026, police raided the house of Ali Hossen in Sonamura based on secret information, recovering a commercial quantity of Yaba tablets, illegal arms, ammunition, and foreign currency

Mariam Bibi (Hossen’s wife) and Anowar Hossain (alleged financier) were arrested under Sections 22(c)/25/27A/29 of the NDPS Act, Section 25(1B)(a) of the Arms Act, and Section 61 of the BNS, 2023

The petitioners sought bail, alleging false implication and procedural violations, specifically that Mariam Bibi was arrested during the night in violation of Section 43(5) of the BNSS and that Section 50 of the NDPS Act (personal search) was not complied with

1. Whether the alleged procedural violations under Section 42 (search and seizure) and Section 50 (personal search) of the NDPS Act entitle the accused to bail at this stage.

2. Whether the arrest of a female accused during the night, allegedly in violation of Section 43(5) of the BNSS, 2023, creates an indefeasible right to bail.

3. Whether the restrictions under Section 37 of the NDPS Act are satisfied for the grant of bail involving commercial quantities.

The court primarily applied Section 37 of the NDPS Act, which mandates twin conditions for bail: a reasonable ground to believe the accused is not guilty and is unlikely to commit an offence while on bail

It relied on Vijaysinh Chandubha Jadeja v. State of Gujarat, establishing that Section 50 compliance is a matter for trial

Regarding nighttime arrest of women, the court cited Anawora Begam v. State of Tripura, holding that Section 43(5) of the BNSS (formerly Section 46(4) CrPC) does not grant an automatic right to bail regardless of the gravity of the offence

It further referenced State of Tripura v. Mahabul Alam, affirming that procedural irregularities should generally be considered during trial rather than at the bail stage

The Court observed that while the search occurred at night, the G.D. entries confirmed that secret information was properly communicated to higher authorities, satisfying the spirit of the law at the prima facie stage

Regarding Section 50 of the NDPS Act, the court found it inapplicable because the contraband was recovered from the house (premises search) and not from the person of the accused

On the issue of Section 43(5) BNSS, the court noted that while the dignity of women is paramount, procedural lapses do not override the statutory bars of Section 37 NDPS in cases of commercial quantities

The Court reviewed the Case Diary, which contained statements from independent witnesses naming Anowar Hossain as a financier and Mariam Bibi as a collaborator

Discrepancies in the arrest memos were noted as administrative concerns but were insufficient to rebut the "substantial probable causes" of guilt required for bail

Procedural doubts regarding the location and time of arrest are matters for trial. However, the Court directed the SP, Sepahijala, to conduct an inquiry into the potential deliberate violation of Section 43(5) of the BNSS regarding the nighttime arrest of Mariam Bibi and to initiate departmental action if necessary