Allowed

Azmal Hussain Laskar v. the State of Assam

Gauhati HC4 Mar 2025Crl.Pet./1181/2024

Case brief

AI extract

What is this about?

Crl.Petitioner sought withdrawal of arrest warrant in an NDPS case. The High Court held the petitioner deserved an opportunity to face trial. It allowed the petition, quashed the arrest warrant, and directed the petitioner to appear for bail consideration.

What did the court decide?

Arrest warrant set aside; petitioner directed to appear on 11.03.2025 for bail of Rs.25,000/-.

Azmal Hussain Laskar Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

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GAHC010199972024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./1181/2024

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AZMAL HUSSAIN LASKAR S/O SAMSUL HOQUE LASKAR,

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RESIDENT OF VILLAGE MANIKPUR, PO RAJNAGAR, PS SILCHAR, DIST CACHAR, ASSAM 788026

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PP ASSAM

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Advocate for the Petitioner : MR. N H LASKAR, MS. J GHOSH,MR. N H LASKAR,MR. S C BISWAS

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 05.03.2025

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1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam.

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2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the Orders dated 26.07.2024 and 09.08.2024 passed by the learned Sessions Judge, Cachar, Silchar in NDPS Case No.90/2024, arising out of Silchar P.S. Case No.45/2024.

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3. The petitioner has been shown as an absconder in the Charge-sheet. The learned counsel for the petitioner submits that the petitioner is an employee of Central Reserve Police Force and submits that the petitioner is unnecessarily Charge-sheeted in this Case.

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4. According to the learned counsel for the petitioner, the petitioner wants to contest the case and therefore he should be given one opportunity to that effect.

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5. I have considered the submissions made by learned counsel for both the sides.

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6. Since the petitioner is interest in facing the Trial, he deserves to be given one opportunity to that effect.

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7. Therefore the Criminal Petition is allowed.

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8. Therefore, the Orders issuing warrant of arrest against the present petitioner Azmal Hussain Laskar in respect of Special NDPS Case No.90/2024 pending in the Court of learned Sessions Judge, Cachar, Silchar are set aside.

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9. The petitioner Azmal Hussain Laskar is directed to appear before the Trial Court of learned Sessions Judge, Cachar, Silchar in respect of NDPS Case No.90/2024 on 11.03.2025 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 Sessions Judge, Cachar, Silchar.

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10. With the aforesaid direction, the present application stands disposed of.

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JUDGE

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Comparing Assistant

Azmal Hussain Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Azmal Hussain Laskar v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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