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2025 DAILYLAW 24066 (GAU)

ATIQUR RAHMAN TAPADAR @ ATIQUAR RAHAMAN TAPADAR v. THE STATE OF ASSAM AND ANR

Crl.Pet./1454/2025 · 2025-11-19

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010257132025 2025:GAU-AS:15768 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1454/2025 ATIQUR RAHMAN TAPADAR @ ATIQUAR RAHAMAN TAPADAR SON OF LT. ABDUL RAJAK TAPADAR @ RAJAK RESIDENT OF VILL- NOLUA (RANIGRAM)BLOCK-2, P.O. JALAL NAGAR TEA ESTATE, P.S. NILAMBAZAR, DIST. KARIMGANJ, ASSAM, PIN-788722 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:PANKAJ GOGOI SUB-INSPECTOR OF POLICE RATABARI POLICE STATION. RESIDENT OF ABOIPURIA NARA HALOWATING DIST. SIVASAGAR ASSAM PIN-78568 Advocate for the Petitioner : MR. S M MOLLAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.11.2025 Heard Mr. S. M. Mollah, learned counsel appearing for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Special (NDPS) Case No. 24/2023 pending in the Court of the learned Additional Sessions Judge Karimgang. 3. The case is involved in commercial quantity of narcotic drugs, the petitioner has been shown as an absconder in the Charge Sheet and therefore, the Trial Court is directed to issue non-bailable arrest warrant against him. PNA was also directed to issue against him. 4. Mr. Lahkar, learned Additional Public Prosecutor for the State of Assam has objected to the verification on the ground that commercial quantity of narcotic drugs is involved in this Case. 5. The petitioner submits that he is interested in facing the trial and prayed for adequate opportunity to that effect. 6. I have considered the submissions made by the learned counsel for both Page No.# 3/3 sides. 7. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to that effect. 8. Therefore, his application is allowed. 9. The petitioner, namely, Atiqur Rahman Tapadar @ Atiqur Rahaman Tapardar is directed to appear before the Court of the learned Additional Sessions Judge, Karimganj in connection with Special (NDPS) Case No. 24/2023 within the next 7 (seven) days from today and on his appearance, he shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) with a surety of the like amount to the satisfaction of the Learned Additional Sessions Judge, Karimganj. 10. The warrant of arrest and the PNA issued against the petitioner shall also be recall. 11. With the aforesaid directions, the criminal petition is disposed of. JUDGE Comparing Assistant