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2025 DAILYLAW 26340 (GAU)

NASIR UDDIN LASKAR ALIAS MOTAIR ALI LASKAR AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./3699/2025 · 2025-12-10

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/4 GAHC010252102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3699/2025 NASIR UDDIN LASKAR ALIAS MOTAIR ALI LASKAR AND 2 ORS. S/O. LATE ALAUDDIN LASKAR R/O. VILLAGE DUDHPATIL NATHPARA PART - V, P.S. SILCHAR, DISTRICT- CACHAR, ASSAM 2: ABDUL MOHIM MAZUMDAR S/O. ABDUL SATTAR MAZUMDAR R/O. VILLAGE DUDHPATIL NATHPARA PART V P.S. SILCHAR DISTRICT CACHAR ASSAM. 3: NASRUL HOQUE MAZUMDAR S/O. LATE MOINUL HAQUE MAZUMDAR R/O. VILLAGE DUDHPATIL NATHPARA PART - V P.S. SILCHAR DISTRICT CACHAR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. JUNM LASKAR, MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR Page No.# 2/4 ORDER 11.12.2025 Heard Mr. P. Kataki, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying for bail to the petitioners, viz., 1) Nasir Uddin Laskar @ Motair Ali Laskar, 2) Abdul Mohim Mazumdar, and 3) Nasrul Hoque Mazumdar in connection with NDPS Case No.106/2025 corresponding to Joypur P.S. Case No.25/2025 registered under Sections 21(b)/25 of the NDPS Act pending in the Court of learned Additional District & Sessions Judge No.3 –cum- Special Judge, Cachar at Silchar. The petitioners were arrested on 20.09.2025 and since then they have been in custody. Scanned copy of the TCR has been received. We have perused the same. The learned Addl. P.P. submits that the investigation in the instant case is complete and the charge-sheet has been submitted. The learned counsel for the petitioners has submitted that the quantity of the contraband substance involved in the instant case is an intermediate quantity i.e. 184 grams and therefore, the bar under Section 37 of the NDPS Act is not applicable. In view of the aforesaid facts and circumstances of this case, this Court is of the opinion that the petitioners may be allowed the privilege of bail at this stage, as prayed for. Page No.# 3/4 Accordingly, it is directed that the petitioners may be released on bail on furnishing a bail bond of Rs.20,000/- each with two sureties of like nature to the satisfaction of the learned Additional District & Sessions Judge No.3 –cum- Special Judge, Cachar at Silchar subject to the following conditions :- (1) That the accused/petitioners shall regularly appear before the learned Trial Court on all dates to be fixed from time to time till the case is disposed of; (2) That the accused/petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court; (3) That the accused/petitioners shall not involve in any criminal activity during the period of this bail; (4) That the accused/petitioners shall not leave the territorial jurisdiction of the learned Trial Court without prior permission; (5) Any other condition(s) that the learned Trial Court may deem fit to ensure participation of the accused/ petitioners in the trial. The Bail Application stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant