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2025 DAILYLAW 10946 (GAU)

ABDULLAH AL AMIN CHOUDHURY v. THE STATE OF ASSAM

Crl.Pet./476/2025 · 2025-04-24

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010080332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./476/2025 ABDULLAH AL AMIN CHOUDHURY S/O GULAM MUMITH CHOUDHURY R/O VILL-SHANKARPUR (AMINPUR), P.S. SHRIBHUMI,DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.04.2025 1. Heard Mr. H. R. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special NDPS Case No.44/2024. 3. The petitioner Abdullah Al Amin Choudhury has been shown as an absconder in the Charge-Sheet. Therefore the Trial Court issued summons against him. He Page No.# 2/2 apprehends that since he has been shown as an absconder, he will be remanded to custody. 4. The learned counsel for the petitioner submits that the petitioner has been unnecessarily arraigned in this case and, therefore, he wants to sue this case before the Trial Court. 5. Accordingly, the learned counsel for the petitioner submits that the petitioner should be given one opportunity to that effect. 6. I have considered the submissions made by learned counsel for both the sides. 7. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. 8. Therefore, the application filed by the petitioner is allowed. 9. It is hereby directed that the petitioner Abdullah Al Amin Choudhury shall appear before the Court of learned Additional Sessions Judge, Shribhumi in respect of Special NDPS Case No.44/2024 within next 10(ten) days from today. 10. On his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the of learned Additional Sessions Judge, Shribhumi, Assam. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant