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2025 DAILYLAW 7695 (GAU)

ISLAM UDDIN v. THE STATE OF ASSAM

Crl.Pet./202/2025 · 2025-03-10

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010032832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./202/2025 ISLAM UDDIN SON OF FAYAZ ALI, RESIDENT OF BASANTAPUR, P.S-SRIBHUMI, DIST- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2025 1. Heard Mr. H. R. Choudhury, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the Orders issued warrant of arrest against the present petitioner by the learned Additional Sessions Judge, Sribhumi in respect of Special NDPS Case No.86/2023. Page No.# 2/2 3. The petitioner has been shown as an absconder in the Charge-sheet and therefore warrant of arrest was issued against him. 4. The learned counsel for the petitioner submits that he is interested in facing the trial and therefore he deserves to be given one opportunity to that effect. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity. 7. Therefore his application is allowed. 8. All the Orders directing issue warrant of arrest against the present petitioner by the learned Additional Sessions Judge, Sribhumi in respect of Special NDPS Case No.86/2023 are set aside. 9. The petitioner Islam Uddin is directed to appear before the learned Additional Sessions Judge, Sribhumi in respect of Special NDPS Case No.86/2023 on 11.04.2025. 10. On his appearance, the petitioner shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sribhumi. 11. The petitioner shall regularly attempt the hearing of the Case, if he fails to do so on each and every date, the Trial Court shall at the liberty to procure his attendance in accordance with the procedure laid down by law. 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant