Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010119562025
2025:GAU-AS:7258
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1243/2025 SANOWAR HUSSAIN S/O FOZOR ALI VILL- HELAPAKHRI P.S. MORNOI DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR J HUSSAIN, MR. F A HASSAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2025
1. Heard Mr. J. Hussain, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special (NDPS) Case No.27/2024, arising out of
Page No.# 2/3 Krisnai P. S. Case No.25/2024, pending in the Court of the learned Special Judge, Goalpara.
3. The petitioner Sanowar Hussain has been shown as an absconder in the Charge-Sheet, now he apprehends that if she appear before the Trial Court, he may be remanded to custody. The learned counsel for the petitioner submits that the petitioner wants to contest the case and, therefore, he should be given adequate opportunity to that effect.
4. I have considered the submissions made by learned counsel for both the sides.
5. Mr. Das, learned Additional Public Prosecutor as objected to this prayer made by the petitioner.
6. Since the petitioner is interested in facing the trial, he deserves one opportunity to that effect.
7. Therefore, his application is allowed.
8. It is hereby directed that the petitioner, Sanowar Hussain is directed to appear before the learned Special Judge, Goalpara in respect of Special (NDPS) Case No.27/2024 by 05.06.2025.
9. On his appearance, the petitioner, Sanowar Hussain shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Goalpara.
10. The petitioner is also directed to appear regularly before the Trial Court and if
Page No.# 3/3 he does not appear regularly without showing sufficient reasons, the Trial Court shall have the liberty to procure his attendance by due process of law.
11. A copy of this order shall be given to the learned counsel for the petitioner.
12. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant