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2022 Supreme(Gau) 57

SUDHANSHU DHULIA, SOUMITRA SAIKIA
Ali Ahmed Laskar @ Bablu Mulla S/o Late Nur Uddin Laskar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M.J. Quadir.
For the Respondent: Mr. D.K. Sarmah.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. This writ petition is filed by the petitioner/Sri. Ali Ahmed Laskar @ Bablu Mulla, assailing the order dated 17.07.2021 issued by the Secretary to the Government of Assam, Home and Political Department, Dispur, Assam whereby the petitioner was directed to be taken into custody by detaining him under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

2. The essential facts necessary for the present proceedings are that the petitioner was implicated in three cases, namely:

    (i) Hailakandi P.S. Case No. 509/2020 under Section 21(b) of the NDPS Act, 1985.

(ii) Hailakandi P.S. Case No. 1151/2019 under Section 21(a) of the NDPS Act, 1985.

(iii) Hailakandi P.S. Case No. 120/2017 under Section 21(b) of NDPS Act, 1985.

3. The petitioner claims that by the Judgment dated 28.08.2018 passed by the Special Judge, Hailakandi in Special (NDPS) (T-1) Case No. 02/2017 relating to Hailakandi P.S. Case No. 120/2017 under Section 21(b) of NDPS Act, 1985, the petitioner was acquitted. Insofar as the other two cases are concerned, namely: (i) Hailakandi P.S. Case No. 509/2020 and (ii) Hailakandi P.S. Case No. 1151/2019, the petitioner is

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