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2025 DAILYLAW 24866 (GAU)

KABIL AHMED v. THE STATE OF ASSAM

Crl.Pet./861/2025 · 2025-11-18

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010157472025 2025:GAU-AS:15643 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./861/2025 KABIL AHMED S/O. ASAB UDDIN, R/O. VILL. SOUTH BANDORKUNA, P.O. ERALIGOOL, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR H R CHOUDHURY, Z HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 19.11.2025 Heard Mr. H. R. Choudhury, learned counsel appearing for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. This is an application under Section 528 of the BNSS, 2023. The respective special NDPS Case No. 108/2024, pending in the Court of the learned Sessions Judge Sribhumi. 3. The petitioner, namely, Kabil Ahmed has been shown as an absconder in the Charge Sheet and he has received summons from the Trial Court. The petitioner apprehends that if he appearing before the Trial Court he will be remanded to custody since he has been shown as an absconder in the Charge Sheet. 4. The petitioner submits that he wants to contest the case and he deserves to be given adequate opportunity to that effect. 5. Mr. Parasar, learned Additional Public Prosecutor for the State of Assam, has objected to this application on the ground that Commercial Quantity of Narcotic drugs was ceased in this case. 6. I have considered the submissions made by the learned counsels for both 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. It is hereby directed that the petitioner Kabil Ahmed shall appear before Page No.# 3/3 the Trial Court within 10 days from today and on his appearance before the Court of the learned Sessions Judge, Sribhumi in connection with Special NDPS Case No. 108/2024, and shall be released on bail of Rs. 50,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge Sribhumi. 10. With the aforesaid directions this Criminal Petition is disposed of. JUDGE Comparing Assistant