Page No.# 1/5 GAHC010030612025 2025:GAU-AS:1929 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/830/2025 IMDADUR RAHMAN S/O- MAHIBUR RAHMAN, R/O- VILL- KHELMA PT-VII, P.S.- KATIGORAH, DIST.- CACHAR, ASSAM, PIN- 788815. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-7 3:THE SUPERINTENDENT OF POLICE CACHAR SILCHAR PO-SILCHAR DISTRICT-CACHAR ASSAM PIN- 788001. 4:THE OFFICER IN CHARGE KATIGORAH POLICE STATION KATIGORAH ALAKULIPUR DISTRICT- CACHAR ASSAM Page No.# 2/5 PIN- 788805. 5:THE IN-CHARGE GUMRAH POLICE OUTPOST KHELMA ROAD KHELMA PT-VI DISTRICT- CACHAR ASSAM PIN- 788815 Advocate for the Petitioner : MR B SINHA, MR. H ISLAM Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 24-02-2025 Heard Mr. B. Sinha, learned counsel for the petitioner and Mr. N. Goswami, learned Junior Government Advocate, Assam for all the respondents. 2. It has been stated that on the basis of a First Information Report [FIR] instituted on 17.01.2022, the Officer-In-Charge, Katigorah Police Station registered a case, Katigorah Police Station Case no. 36/2022 for the offences under Section 21[c] read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short]. As per the FIR, in the course of a joint operation, carried out with the assistance of BSF personnel, a vehicle Maruti Alto bearing registration no. ML-11/2345 [‘the subject-vehicle’] was intercepted. Though there were three occupants inside the subject-vehicle, two occupants managed to escape. The third occupant viz. Raju Das @ Rajen Das was apprehended and arrested. On being searched, contraband items were found inside the subject-vehicle and they were accordingly seized. The case, Page No.# 3/5 Katigorah Police Station Case no. 36/2022 was initially registered against four accused persons, viz. [i] Farooz Ahmed, [ii] Bokul, [iii] Amrul Hussain and [iv] Zakir Hussain Barbhuiya. On completion of investigation, a charge-sheet under Section 173[2], CrPC came to be submitted on 31.03.2022 showing the accused persons, viz. [i] Raju Das; and [ii] Amrul Hussain; in custody; and showing the accused persons, viz. [i] Farus Ahmed; [ii] Bokul; and [iii] Zakur Hussain Barbhuiya; as absconders. 3. It is the case of the petitioner that the nick-name of the petitioner is also Bokul like the charge-sheeted accused person, Bokul, who was shown as the absconder in the Charge-Sheet dated 31.03.2022. As the Police personnel in order to execute a non-bailable warrant of arrest [NBWA] and an order of proclamation and attachment [P&A] made a visit to the house of the petitioner on 19.12.2024 on the projection that the petitioner was the absconding accused, Bokul, mentioned as an absconder in the Charge-Sheet dated 31.03.2022 and as the absconding accused person in connection with Katigorah Police Station Case no. 36/2022, the petitioner has approached this court by the instant writ petition. It is the case of the petitioner that he is not the person named Bokul, the accused person charge-sheeted in connection with Katigorah Police Station Case no. 36/2022 and shown as an absconder in the Charge- Sheet dated 31.03.2022. 4. In view of such projections of the petitioner, the learned State Counsel, on 17.02.2025, was asked to obtain instruction as regards the identity of the petitioner. Page No.# 4/5 5. Today, Mr. Goswami, learned Junior Government Advocate, Assam has placed an Office Letter dated 23.02.2025 received by him from the Officer-In- Charge, Katigorah Police Station, addressed to him. 6. On the basis of the instructions contained in the Office Letter dated 23.02.2025, Mr. Goswami has submitted that an order to execute a non-bailable warrant of arrest [NBWA] was received at the Katigorah Police Station from the Court of learned Special Court, that is, the Additional Sessions Judge No. 3, Cachar, Silchar where the trial of NDPS Case no. 24/2022, arising out of Katigorah Police Station Case no. 36/2022 is going on. On receipt, the said NBWA was endorsed to one Sri Nakibuzzaman Laskar, a Sub-Inspector of Police attached to Katigorah Police Station. Mr. Goswami has further submitted that due to some incorrect information, Sri Nakibuzzaman Laskar, the Executing Officer of the NBWA visited the house of the petitioner for enquiry and in order to find out as to whether the accused persons named Bokul involved in Katigorah Police Station Case no. 36/2022 and the petitioner is one and the same person or different persons. It is submitted by Mr. Goswami that the Officer-In-Charge, Katigorah Police Station in his letter dated 23.02.2025 has informed that the petitioner viz. Imdadur Rahman is not found involved in Katigorah Police Station Case no. 36/2022. Mr. Goswami has, thus, submitted that the verification as regards non-involvement of the petitioner in Katigorah Police Station Case no. 36/2022 is complete and there will not be any further enquiry with the petitioner with regard to Katigorah Police Station Case no. 36/2022. 7. In view of the above fact stated by Mr. Goswami, on the basis of the Page No.# 5/5 instructions received from the Officer-In-Charge, Katigorah Police Station, there appears to be no surviving cause of action to proceed further with the writ petition. The writ petition is accordingly, closed. 8. The copy of the Office Letter dated 23.02.2025 of the Officer-In-Charge, Katigorah Police Station, placed by Mr. Goswami is to be kept with the case record. JUDGE Comparing Assistant