Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./504/2025 DILWAR HUSSAIN S/O- FAIZUR RAHMAN.
R/O-VILL- LAKHIPUR, (CHANDPUR) P.O- JURBARI P.S- PATHARKANDI.
DIST- SRIBHUMI,(KARIMGANJ) ASSAM, PIN-788724 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASASM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 01.05.2025
1. Heard Mr. J. M. Sulaiman, learned counsel for the petitioner. Also heard Mr. K. Baishya, 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.100/2023, pending in the Court of learned Sessions Judge, Sribhumi.
3. On 24.01.2024, the case was first listed before the learned Sessions Judge, Karimganj. The petitioner Dilwar Hussain was shown as an absconder in the Charge- Sheet for that reason only, on 29.01.2024, the learned Sessions Judge directed to issue non-bailable warrant of arrest against the present petitioner.
4. Learned Additional Public Prosecutor has pointed out that the case involves commercial quantity of Narcotic Drugs, according to the learned Additional Public Prosecutor, non-bailable warrant of arrest issued several times.
5. I have considered the submissions made by learned counsel for both the sides.
6. At this stage, this Court would not make any comment regarding the orders passed by the learned Sessions Judge, since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect.
7. Therefore, the application filed by the petitioner is allowed.
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8. The petitioner Dilwar Hussain is directed to appear before the Court of learned Sessions Judge, Sribhumi in respect of Special (NDPS) Case No.100/2023 within next 10(ten) days from today.
9. On his appearance, the petitioner Dilwar Hussain shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the of learned Sessions Judge, Sribhumi.
10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant