Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 10852 (GAU)

ABDUL KALAM LASKAR v. THE STATE OF ASSAM

Crl.Pet./437/2025 · 2025-04-10

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010079292025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./437/2025 ABDUL KALAM LASKAR S/O- MONIR UDDIN LASKAR, R/O- VILLAGE- KACHUDARAM PART IV, P.S- SONAI, DIST-CACHAR,ASSAM VERSUS THE STATE OF ASSAM RRP BY THE PP ASSAM Advocate for the Petitioner : MS. J GHOSH, MR. P K ROYCHOUDHURY,MR. JUNM LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.04.2025 Heard the learned counsel Mr. P K Roy Choudhury appearing for the petitioner as well as Ms. S H Borah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 challenging the orders passed by the learned Sessions/Special Judge, Cachar, Silchar in NDPS Special Case No. 05/2024 directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present Page No.# 2/2 petitioner Abdul Kalam Laskar. 3. The present petitioner Abdul Kalam Laskar has been shown as an absconder in the charge sheet. He now apprehends that if he appears before the trial court, he will be remanded to custody because he has been shown as an absconder in the charge sheet. 4. Mr. Choudhury submits that the petitioner is suffering from kidney ailments and undergoing dialysis. 5. Mr. Choudhury further submits that the petitioner is interested in facing the trial. Mr. Choudhury therefore prays for giving one opportunity to the petitioner to defend himself in the trial court. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, his application his allowed. 8. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Abdul Kalam Laskar in respect of NDPS Special Case No. 05/2024 by the learned Sessions/Special Judge, Cachar, Silchar against the present petitioner are set aside. 9. The aforesaid petitioner is directed to appear before the trial court within next 15 days from today. On his appearance, the petitioner Abdul Kalam Laskar shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sessions/Special Judge, Cachar, Silchar. The criminal petition stands disposed of accordingly. JUDGE Comparing Assistant