Disposed¶26

Jaber Husain Mazumder v. the State of Assam

Gauhati HC10 Mar 2025Crl.Pet./1325/2024

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Pet./1325/2024; Jaber Husain Mazumder v. State of Assam; Section 528 BNSS 2023; Special NDPS Case No. 06/2023; Katlicherra P.S. Case No. 77/2023; absconder; non-bailable warrant set aside; bail of ₹25,000 with like surety; appearance within 10 days; Justice Parthivjyoti Saikia; order dated 11.03.2025; petition disposed of.

What did the court decide?

Non-bailable warrants of arrest against the petitioner in Special (NDPS) Case No. 06/2023 set aside; petitioner to appear before the Special (NDPS) Judge, Hailakandi within 10 days and be released on bail of Rs. 25,000/- with a surety of like amount, subject to appearing on every date of hearing. ¶26

Jaber Husain Mazumder Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the orders directing issue of non-bailable warrant of arrest against the petitioner, who has been shown as an absconder in the charge sheet but expresses willingness to face trial, should be set aside.

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Court's answer

Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect.

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Ratio / Principle

All orders directing issue of non-bailable warrant of arrest against the petitioner Jaber Hussain Mazumder in Special (NDPS) Case No. 06/2023 are set aside.

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Key takeaways

Petitioner directed to appear before the learned Special (NDPS) Judge, Hailakandi in Special NDPS Case No. 06/2023 within 10 days; on appearance he shall be released on bail of Rs. 25,000/- with a surety of like amount.ratio¶24
Petitioner is to appear before the trial court on each and every date of hearing; failing which the trial court is at liberty to procure his attendance.ratio¶25

Detailed headnote1 paragraphs

Criminal petition under Section 528 of the BNSS, 2023 before the Gauhati High Court challenging the order dated 28.07.2023 of the learned Special (NDPS) Judge, Hailakandi in Special NDPS Case No. 06/2023. The petitioner, shown as an absconder in the charge sheet of Katlicherra P.S. Case No. 77/2023, against whom non-bailable warrants had been directed, expressed willingness to face trial. Holding that a petitioner interested in facing trial deserves one opportunity, the High Court set aside all orders issuing non-bailable warrants, directed the petitioner to appear before the trial court within 10 days, and ordered his release on bail of ₹25,000/- with a surety of like amount, with liberty to the trial court to procure his attendance if he fails to appear on any date. Petition disposed of (Parthivjyoti Saikia, J., 11.03.2025).

Page No.# 1/2

GAHC010230502024

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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./1325/2024

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JABER HUSAIN MAZUMDER

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S/O ABDUL KADIR MAZUMDER, R/O HOUSE NO. 45, 188 NO UJAN DHOLAI LP SCHOOL, DHOLAI MOLAI PT III, HAILAKANDI, ASSAM 788161

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR N RAY, N N HUSSAIN,MR. K R SARMA,MR S DIFUSA

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 11.03.2025

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Heard Mr. N Ray, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor for the State of Assam.

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This is an application under Section 528 of the BNSS, 2023, challenging the order dated 28.07.2023 passed by the learned Special (NDPS) Judge, Hailakandi in respect of Special NDPS Case No. 06/2023.

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Page No.# 2/2

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The petitioner Jaber Hussain Mazumder has been shown as an absconder in the charge sheet relating to Katlicherra P.S. Case No. 77/2023.

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Since the petitioner has been shown as an absconder in the charge sheet, the trial court directed to issue non-bailable warrant of arrest against the petitioner.

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The learned counsel appearing for the petitioner submits that the petitioner is interested in facing the trial.

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

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Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect.

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Therefore, all orders directing issue of non-bailable warrant of arrest against the petitioner Jaber Hussain Mazumder in Special (NDPS) Case No. 06/2023 are set aside.

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The petitioner Jaber Hussain Mazumder is directed to appear before the court of the learned Special (NDPS) Judge, Hailakandi in respect of Special NDPS Case No. 06/2023 within next 10 (ten) days from today. On his appearance, the petitioner, namely, Jaber Hussain Mazumder shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special (NDPS) Judge, Hailakandi.

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The petitioner is directed to appear before the trial court on each and every date of hearing. If he does not do so, the trial court shall be at liberty to procure his attendance.

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With the aforesaid direction, the criminal petition stands disposed of.

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JUDGE

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Comparing Assistant

Jaber Husain Mazumder v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jaber Husain Mazumder v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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