Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 1434 (GAU)

MILON UDDIN LASKAR v. THE STATE OF ASSAM

Bail Appln./3609/2025 · 2026-01-27

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010245042025 2026:GAU-AS:932 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3609/2025 MILON UDDIN LASKAR S/O LATE SIRAJ ALI LASKAR, R/O VILL. NATUN RAMNAGAR PT IV, P.S. SONAI, DIST. CACHAR, ASSAM-788119 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MR. P S BISWAS,MR. MEHUL SHAH,MS. U NANDA,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 28.01.2026 Heard Mr. S.C. Biswas, the learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for regular bail to the petitioner, namely- Milon Uddin Laskar who was arrested on 13.12.2024 in connection with Sonai P.S. Case No.32/2024. 3. After investigation, the charge sheet has been filed and the case has been registered as Criminal NDPS Case No.109/2024 (corresponding to G.R. No.679/2024) pending in the court of learned Addl. Sessions Judge No.3, Cachar, Silchar. 4. Narcotic drugs were recovered from the possession of some other persons and they disclosed before the Investigating Officer that they were going to deliver those narcotic drugs to the present petitioner. It goes to show that nothing was recovered from the possession of the present petitioner. Even then, he was arraigned as an accused in the case before the trial court. 5. The petitioner has already spent 412 days in judicial custody till now. 6. Mr. Biswas has deliberated upon the provisions of law as laid down in Sections 36, 37 as well as under Section 47 & 48 of the BNSS, 2023. 7. Mr. Das has objected to this bail application by saying that the provision of law as laid down in Sections 48 and 37 of the BNSS, 2023 has been complied by police. 8. I have considered the submissions made by the learned counsel of both sides. 9. This Court is of the opinion that since nothing was recovered from the possession of the petitioner, he was arraigned in the case only on the basis of the statements of co-accused and the co-accused are already released on bail. Thus, the petitioner does not deserve to be detained in custody for any further period of time. His bail application is allowed. 10. The petitioner, namely- Milon Uddin Laskar who was arrested on 13.12.2024 in connection with Sonai P.S. Case No.32/2024, shall be released on bail of ₹50,000/- Page No.# 3/3 with a surety of like to the satisfaction of the learned Special Judge, NDPS, Cachar, Silchar. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant