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2025 Supreme(Gau) 1372

IN THE GAUHATI HIGH COURT HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Aphong Wangsa Son of Lempa Wangsa – Appellant
Versus
State of AP – Respondent


Advocates Appeared:
For the Appellant : Tabit Tapak, T Tabing, Aso Dalbong,Bebeng Siboh,Y Pangu
For the Respondent: P P of AP,

Table of Content
1. court's reasoning on modifying the order. (Para 1 , 6 , 7)
2. facts of petition regarding seized properties. (Para 2 , 3)
3. arguments against stringent security conditions. (Para 4 , 5)
4. conclusion and order on indemnity bonds. (Para 8)

ORDER :

ANJAN MONI KALITA, J.

1. Heard Mr. T. Tapak, learned counsel for the petitioners and Mr. T. Ete, learned Addl. PP for the State.

2. This instant application under Section 528 of BNSS , 2023 has been filed by the petitioners, namely, Shri Aphong Wangsa and Shri Pangsong Wangsa respectively for alteration and modification or setting aside of the order dated 19.11.2024 passed by the learned Special Judge (NDPS), Khonsa Division, Tirap District, Arunachal Pradesh with the direction to deposit Rs.15,000/- as security for the seized mobile phone and Rs.30,000/- for the motor cycle in the matter of Pangsong Wangsa and Aphong Wangsa-vs-State of Arunachal Pradesh arising out of KSA/GR(NDPS)C/No.32/2024, PCH PS C/No.08/2024.

3. The brief facts of the case is that during investigation of the aforesaid case, the investigating agency seized the mobile phone and motor cycle of the petitioners which were kept under their custody at Ponchau

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