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2026 DAILYLAW 4400 (GAU)

HILAL UDDIN CHOUDHURY ALIAS HILAL UDDIN BARBHUIYA v. THE STATE OF ASSAM

Crl.Pet./320/2026 · 2026-04-05

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010026372026 2026:GAU-AS:4984 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./320/2026 HILAL UDDIN CHOUDHURY ALIAS HILAL UDDIN BARBHUIYA S/O SUNA MIA CHOUDHURY ALIAS SUNA MIA BARBHUIYA, R/O VILL. UTTAR LALPANI, P.S. JIRIGHAT, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. R A CHOUDHURY, M. ROBBANI,MR. R A MAZUMDER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 1. Heard Mr. M. Robbani, 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 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special (NDPS) Case No.98/2025 pending in the Court of the learned Special Judge, Cachar Silchar. 3. The petitioner has been shown as an absconder in the Charge-Sheet. He now Page No.# 2/2 apprehends that if he appears before the Trial Court in response to the summons, he may be remanded to custody. 4. The petitioner submits that he is interested in facing the trial and, therefore, he should be given adequate opportunity to that effect. 5. I have considered the submissions made by the learned counsel for both sides. 6. Since, the petitioner is interested in facing the trial, he should be given adequate opportunity to that effect. Therefore, the prayer of the petitioner is allowed. 7. The petitioner Hilal Uddin Choudhury @ Hilal Uddin Barbhuiya is directed to appear before the learned Special Judge, Cachar Silchar in respect of Special (NDPS) Case No.98/2025 within a period of 10 (ten) days from today and 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 Special Judge, Cachar Silchar. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant