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2025 DAILYLAW 8365 (GAU)

MANJIL BASUMATARY @ MANJIL NARZARY AND ANR v. THE STATE OF ASSAM

AB/516/2025 · 2025-06-01

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010042642025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/516/2025 MANJIL BASUMATARY @ MANJIL NARZARY AND ANR SON OF- PANIRAM NARZARY RESIDENT OF-DAOLIHAL, P.O - MALIVITA, P. S. - AMGURI, DISTRICT - CHIRANG, BTR, ASSAM. 2: SRI MARJU NARZARY @ MARJU BASUMATARY SON OF - LT. KHOREN NARZARY RESIDENT OF - BAGMARA JOYPUR (LAORIPARA) P O MALIVITA P. S. - AMGURI DISTRICT - CHIRANG BTR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R B GOHAIN, MR. B K GOGOI Advocate for the Respondent : SPECIAL PP ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 02.06.2025 Heard Mr. B.K. Gogoi, learned counsel for the petitioners and Mr. B. Sarma, learned Special Public Prosecutor, Wildlife Department, Assam. This is an application filed under Section 482 of the BNSS, 2023 by the petitioners, namely, (1) Sri Manjil Basumatary @ Manjil Narzary and (2) Sri Marju Narzary @ Marju Basumatary in respect of Case No. CR (Wildlife)-01/2024 pending in the court of the learned Additional Chief Judicial Magistrate, Kajalgaon, Chirang arising out of Offence Report No. PS/23 dated 12.11.2020. The Forest Department assisted by SSB had recovered 10 (ten) nos. of elephant tusks from these two petitioners along with some other persons. On search of the house of the petitioners, 4 (four) tusks were recovered. The Forest Department has filed the Office Report. The charges are yet to be framed. This court is of the opinion that giving privilege of anticipatory bail to the petitioners at this stage will not be justified for ends of justice. Let the trial court shall frame charges and examine some witnesses. After that, the bail application of the petitioners shall be considered. At this stage, the bail prayer of the petitioners is rejected and dismissed accordingly. JUDGE Comparing Assistant