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2026 DAILYLAW 12782 (GAU)

K LALRUADTIKA v. THE UNION OF INDIA AND ANR

Crl.Pet./538/2026 · 2026-08-04

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010184722025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./538/2026 K LALRUADTIKA S/O K. PACHHUNGA R/O H. NO. 195 CHANMARI I LUNGLEI NEAR GRIL HOSPITAL MIZORAM 796701 VERSUS THE UNION OF INDIA AND ANR REPRESENTED BY THE CUSTOMS DEPARTMENT. 2:THE INSPECTOR CUSTOMS HEADQUARTER PREVENTIVE UNIT SHILLONG MEGHALAYA. ------------ Advocate for : MR. S C BISWAS Advocate for : SC CUSTOMS DEPTT. appearing for THE UNION OF INDIA AND ANR BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 05.08.2026 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Senior Counsel-cum-standing counsel, assisted by Ms. M. Deka, Page No.# 2/3 learned counsel for the respondent Customs Department. 2. In this petition, under Sections 528 of the BNSS, 2023, the petitioner has challenged the order dated 27.10.2025, passed by the learned Special Judge, Cachar, Silchar, in Departmental Case No. 01/CL/NDPS/METH/HQRS.PREV/SH/2025-26, dated 01.05.2025, corresponding to NDPS Case No. 12/2026. 3. It is to be noted here that vide impugned order dated 27.10.2025, the learned Special Judge, Cachar, Silchar (‘trial Court’, for short) was pleased to extend the period for completion of investigation for a further period of three months, in terms of Section 36A(4) of the NDPS Act, 1985. 4. Mr. Keyal, learned Senior Counsel-cum-standing counsel for the respondent Customs Department, by producing an order dated 20.03.2026, passed by a Co- ordinate Bench of this Court, in Crl.Pet. No. 1625/2025, submits that the impugned order dated 27.10.2025, of this petition, was also challenged in the aforesaid Crl.Pet. No. 1625/2025, by another accused and a Co-ordinate Bench of this Court, vide order dated 20.03.2026, had affirmed the impugned order dated 27.10.2025, and as such, this present petition, in view of the order dated 20.03.2026, passed in Crl.Pet. No. 1625/2025, becomes infructuous, and therefore, he has contended to dismiss this petition. 5. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record, and also perused the impugned order dated 27.10.2025 as well as the order dated 20.03.2026, passed by a Co-ordinate Bench of this Court, in Crl.Pet. No. 1625/2025. 6. It appears that a Co-ordinate Bench of this Court had affirmed the Page No.# 3/3 impugned order dated 27.10.2025, passed by the learned trial Court, in Departmental Case No. 01/CL/NDPS/METH/HQRS.PREV/SH/2025-26, dated 01.05.2025. 7. In that view of the matter, the present petition is squarely covered by the order dated 20.03.2026, and as such, this Court is of the view that this petition is devoid of merit, and accordingly, the same stands dismissed. 8. A copy of the order dated 20.03.2026, produced by Mr. Keyal, shall be marked as ‘X’ and tagged with the record. JUDGE Comparing Assistant