Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010016632026
2026:GAU-AS:1315
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./98/2026 MOYNA MIYA TALUKDAR S/O SAMSULHOQUE TALUKDAR, R/O GARAGRAM, P.S KATIGORAH, DISTRICT CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. Y S MANNAN, MS. N.A. BEGUM,MR. S MUNIR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.02.2026
1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for modification of the Order dated 03.08.2023, passed by the learned Special Judge, NDPS, Karbi Anglong in GR Case No.184/2023, arising out of Bakalia P.S. Case No.29/2023.
3. The learned Judge had given custody of the two vehicles with a condition
Page No.# 2/2 that the petitioner shall furnish bonds of Rs.40,00,000/- each for each of the vehicle. Thereafter, the petitioners were directed to provide details of their bank account showing sufficient solvency for furnishing the bond.
4. Learned counsel for the petitioner has submitted that the petitioners are able to pay Rs.40,00,000/- in cash, but the money may not be in their bank accounts. Therefore, learned counsel for the petitioner submits that the part of the order directing the petitioner to provide details of the bank accounts showing sufficient solvency should be modified.
5. I have considered the submissions made by the learned counsel for both sides.
6. This Court is of the opinion that the prayer of the petitioner deserves to be allowed.
7. Under the given circumstances, the part of the order directing the petitioners to provide details bank account to establish their solvency stands set aside.
8. The order stands modified accordingly.
9. With the aforesaid direction, this Criminal Petition stands disposed of.
JUDGE Comparing Assistant