Two bail applications under Section 483 BNSS, 2023 concerning Special Case No.34/2025 under the NDPS Act before the Special Judge, Dhubri. Charges were yet to be framed. The court found the applications devoid of merit, noting liberty to seek discharge, and dismissed them.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010126572025
2025:GAU-AS:7895
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1948/2025
MOINUL HOQUE @ LAW S/O- LATE TOGRU SK. R/O- MATIRCHAR, CHAGOLCHARA PART-I, P.S.- DHUBRI, DIST.- DHUBRI, ASSAM, PIN-783324.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM
Advocate for the Petitioner : MS P BARMAN, MS J A RAHMAN,MR K THAKUR,MR. SANU HUSSAIN
Advocate for the Respondent : PP, ASSAM,
Linked Case : Bail Appln./1503/2025
ZILANI SK @ ABDUL KADER JELANI @ ZILANI HAQUE S/O LATE KASEM ALI VIL-GELARPAR BORBILA PART-I P.O.AND P.S. DHUBRI DIST. DHUBRI ASSAM VERSUS
THE STATE OF ASSAM REP BY THE PP ASSAM
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Advocate for : MR. A T SARKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 16.06.2025
This is a common order for both the matters.
1. Heard Mr. A. T. Sarkar, learned counsel for the petitioners. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.
2. Both these applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special Case No.34/2025, pending in the Court of the learned Special Judge (Additional), Dhubri.
3. The Police has field the Charge-Sheet under different provisions of NDPS Act. The Trial Court is yet to frame charges and to examine witnesses. The petitioners are at liberty to pray for discharge before the Trial Court.
4. This Court is of the opinion that at this stage, both the bail application stands found to be devoid of merit and stands dismissed and disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted in an NDPS case where the charge-sheet has been filed but charges are yet to be framed.
2 provisions across 2 enactments
Moinul Hoque @ Law
The State of Assam represented by the PP Assam
Zilani Sk @ Abdul Kader Jelani @ Zilani Haque
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
