Ikramul Hussain @ Ikram Hussain v. The State of Assam and Anr

ORDER Date : 12.08.2024

Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the order dated 16.07.2024 passed by the learned Special Judge, Morigaon, Assam in N.D.P.S Case No.74/2021.

¶3The petitioner was shown as absconder in a Charge-Sheet filed under different provisions of NDPS Act. The petitioner wants to face the trial, but he apprehends that whenever he will appear before the Court, he will be remanded to custody because he was shown as an absconder in the Charge-Sheet.

¶4I have considered the submissions made by the learned counsel of both the sides. Since the petitioner wants to face the trial, he should be given an opportunity to do so.

¶5It is hereby directed that on his appearance before the Trial Court, the petitioner Ikramul Hussain @ Ikram Hussain shall be released on bail of Rs.25,000/- with one surety of like amount with the satisfaction of the learned Special Judge, Morigaon, Assam

¶6With the aforesaid direction the Criminal Petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010159792024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./955/2024o IKRAMULoHUSSAINo@oIKRAMoHUSSAINo S/OoMAZIBURoRAHMANo VILL-oGUNAIBORIo P.S.oMOIRABARIo DIST.oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo TOoBEoREP.oBYoTHEoPP,oASSAM 2:S.I.o(P)oKALPAJYOTIoBORA oMOIRABARIoPOLICEoSTATION o DIST.oMORIGAON oASSAo AdvocateoforotheoPetitionerooooo:oUoUoKHAN,oMRoAoAHMED,MR.oAoAHMED,MR.oMoAo CHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA