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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Ikbal Bahar Hussain S/o Abdul Noor – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. H.R. Choudhury, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
2. The instant criminal petition is preferred seeking to invoke the inherent powers of this Court under Section 482 read with Section 401 , Code of Criminal Procedure, 1973 [‘CrPC’ and/or ‘Code’] for setting aside and quashing of the proceedings of Special [NDPS] Case no. 05/2015, presently pending before the Court of learned Sessions Judge, Karimganj including an Order dated 02.07.2022 whereby cognizance has been taken for the offences under Section 22 [c]/29, Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985. By the Order dated 02.07.2022, the learned Special Court after taking cognizance of the afore-stated offences, issued processes against three accused persons, [1] Massadar Ali; [2] Basir Ahmed and [3] Ikbal Bahar Hussain [the petitioner] to appear in the proceedings of Special [NDPS] Case No. 05/2015.
3. It is stated at the Bar that in the meantime, two accused persons, namely, Massadar Ali and Basir Ahmed have expired. By an Order dated 02.08.2022, the learned Special Court
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