Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010262172024
2025:GAU-AS:7261
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3794/2024 NAYAN CHANDRA KURI S/O KANU BHUSAN KURI R/O VILL- CHARAKURI P.S. AND DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,MR. A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2025
1. Heard Mr. A. Ahmed, 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 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special (NDPS) Case No.21/2022, pending in the Court of the learned Special Judge (NDPS), Sribhumi.
3. On 07.03.2018, an FIR was lodged, wherein it was stated that 1068 gm of (WY tablets) were recovered from the possession of the house of the Musle Ahmed. Ultimately, Police filed the Charge-Sheet, wherein it is stated that the present petitioner Nayan Chandra Kuri and Pappu Kuri were drug paddlers.
4. Learned counsel for the petitioner has submitted that in the Charge-Sheet there is nothing shown as to how the present petitioner is involved in drug paddling.
5. Mr. Das, learned Additional Public Prosecutor has objected to this bail application by stating that these people are drug paddler.
6. I have considered the submissions made by learned counsel for both the sides.
7. I have decided to agree with Mr. Ahmed, learned counsel for the petitioner that there is nothing in the Charge-Sheet or other materials to show that as to how the present petitioner Nayan Chandra Kuri is associated with the act of Musle Ahmed.
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8. This Court is of the opinion that under the given circumstances, the petitioner does not deserve to be detained in custody for any further period of time.
9. The bail application of the petitioner is allowed.
10. The petitioner, Narayan Chandra Kuri, who is facing trial before the Court of the learned Special Judge (NDPS), Sribhumi in Special (NDPS) Case No.21/2022 shall be released on bail of Rs.30,000/- with a surety of like amount to the satisfaction of the learned Special Judge (NDPS), Sribhumi.
11. The bail application stands disposed of. JUDGE Comparing Assistant