Intimation Of Arrest To Family Via WhatsApp Without Proof Of Service Not Enough Under S.48 BNSS: Gauhati High Court Grants Bail
The Gauhati High Court has held that intimation of arrest sent to the family members of an arrestee via WhatsApp, without proof of actual service, does not amount to due compliance with Section 48 of the BNSS, 2023, and that such non-compliance renders the arrest illegal, entitling the accused to bail.Justice Sanjeev Kumar Sharma, presiding over the case, held, “A perusal of the notices...
The Gauhati High Court has held that intimation of arrest sent to the family members of an arrestee via WhatsApp, without proof of actual service, does not amount to due compliance with Section 48 of the BNSS, 2023, and that such non-compliance renders the arrest illegal, entitling the accused to bail.
Justice Sanjeev Kumar Sharma, presiding over the case, held, “A perusal of the notices under Section 48 available in the scanned TCR could go to show that they were prepared in the English language and sent to the relatives of the petitioners by way of WhatsApp messages, but there is no proof of service available. In the absence of actual service, it certainly cannot be held that there was due compliance with the provisions of Section 48 BNSS."
The order was passed in a Bail Application whereby a case was registered under Section 20(b)(ii)C/29 of the NDPS Act. The prosecution case was that on 19 July 2025, the petitioners were found moving suspiciously with trolley bags, attempted to flee on seeing police personnel, were intercepted, and upon search, a total amount of 75.4 kg of suspected Ganja was allegedly recovered from the trolley bags.
The Court noted that the petitioners were arrested on 20 July 2025, produced before the learned Chief Judicial Magistrate, Bongaigaon, and had remained in custody.
The petitioners contended that notices under Section 47 and 48 BNSS were not in compliance with the aforesaid provisions of law. They contended that the notices were prepared in English, a language not understood by the petitioners, and that in respect of the notices sent to their relatives under Section 48, there was no effective service as the family members neither knew English nor had acknowledged receipt.
Thus, the High Court directed, “In view of the above, the arrest of the petitioners are rendered illegal which entitles them to bail. Accordingly, it is directed that the petitioners, namely, Sri Bappi Sarkar, Sri Naba Das and Sri Sanjay Sing, shall be released on bail of Rs. 100,000/-(Rupees one lakh) each with 2 sureties each for the like amount to the satisfaction of the learned Trial Court in connection with the aforesaid case.”
Furthert, the Court directed that the petitioners be released on bail and further directed, “in the event of such release, it would be open for the I.O to move application for remand or custody along with reasons and necessity for the same after supply of the grounds of arrest in writing, setting forth the explanation for non-supply thereof within the stipulated schedule and on receipt of such application, the Magistrate shall decide the same expeditiously and preferably within a week of submission thereof by adhering to the principles of natural justice”
The bail application was disposed of accordingly.
Case Title: Sri Bappi Sarkar and 2 Ors. v. State of Assam
Case Number: Bail Appln./4109/2025