SABUL HUSSAIN LASKAR ALIAS SABUL HUSSAIN v. THE STATE OF ASSAM
Bail Appln./2722/2025 · 2025-08-20
Shamima Jahan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18038 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18038 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010187492025
2025:GAU-AS:11166
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2722/2025 SABUL HUSSAIN LASKAR ALIAS SABUL HUSSAIN SON OF ABDUL SAKKAR LASKAR R/O BAGHA BAZAR, KASHPUR, P.S. DHOLA, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LD. PP, ASSAM Advocate for the Petitioner : MR T THAKURIA, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 21.08.2025 Heard Mr. T. Thakuria, learned counsel for the petitioner and Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State. By this application, the petitioner has prayed for bail in connection with Badarpur GRPS Case No. 17/2025 registered under Section 21(b) of the NDPS Act, 1985. Page No.# 2/3 The FIR dated 04.06.2025 reflects that during a routine checking at Silchar Railway platform, the police personnel found one male person moving suspiciously on the platform and on stopping him, when he was asked as to why he was there, he could not give any effective reply and that he was seen holding a bag and when the police opened the said bag, they found suspected contraband. It is stated that the name of the said person was Sabul Hussain Laskar, who is the petitioner. The petitioner was thereafter produced before the Chief Judicial Magistrate on 05.06.2025 and since then, the petitioner is behind the bars. The police registered the case under Section 21(b) of the NDPS Act having found the contraband of intermediate quantity. Mr. T. Thakuria, learned counsel for the petitioner submits that the period of detention is 60 days as provided under Section 187 of the BNSS and if the charge sheet is not filed within the said period, the petitioner is entitled for default bail. He submits that the petitioner has been inside the jail since 05.06.2025 and today, it is the 75th day of incarceration. Mr. K.K. Parashar, learned Addl. Public Prosecutor was directed by this Court to take instructions as to the fact of submission of the charge sheet in the instant case, to which he upon telephonic instruction submits that the charge sheet has not been submitted in the instant case. As such, it is noticed that the petitioner has been inside for 75 days, which is in violation of Section 187 of the BNSS.
Page No.# 3/3 As such, the petitioner may be released on bail on furnishing a bail bond of Rs. 20,000/- with two (2) sureties of the like amount to the satisfaction of the District & Sessions Judge-cum-Special Judge, NDPS, Cachar, Silchar under the following conditions:- (1) The petitioner will cooperate with the trial and appear before the Trial Court as and when called for. (2) The petitioner will not tamper with the evidence or influence any of the witnesses who are connected with the case. (3) The petitioner shall not leave the jurisdiction of the District & Sessions Judge-cum-Special Judge, NDPS, Cachar, Silchar without the permission thereof. Petition is disposed of. JUDGE Comparing Assistant