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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Sebul Hussein Laskar, S/O- Foyjur Rahman Laskar – Appellant
Versus
State Of Assam Represented By The PP – Respondent
JUDGMENT :
Anjan Moni Kalita, J.
Heard O. Laskar, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.
2. This is an application under Section 483 of the BNSS, 2023 for granting bail to the accused applicant namely, Sebul Hussain Laskar, who was arrested on 09.06.2025, in connection with NDPS Case No. 78/2025, arising out of Silchar P.S. Case No. 603/2025 corresponding to G.R. Case No. 1044/2025, under Sections 22(c)/25/29 of the NDPS Act, 1985 pending in the Court of learned District and Sessions Judge (Special Judge), Cachar, Silchar.
3. The gist of the prosecution’s case, as reflected from the FIR dated 10.06.2025 lodged by S.I. Debabrat Das of Silchar Police Station, is that on 09- 06-2025 at about 6:05 AM, an information was received regarding alleged transportation of contraband substances from Mizoram into Cachar. Acting upon such information, the police team established a checkpoint at Sonabarighat Bypass and at around 7:20 AM, intercepted a Bolero vehicle bearing Reg. No. MZ01 S0190 and a truck bearing Reg. No. AS-23-BC-8179 loaded with gas cylinders. It is alleged that during search of the truck, a modi
An arrest made in violation of mandatory procedural requirements under the BNSS renders subsequent bail conditions under the NDPS Act inapplicable, protecting the accused's fundamental rights.
Compliance with Section 52-A of the NDPS Act is essential for evidence validity; prolonged judicial custody without trial examination raises constitutional concerns, allowing bail despite stringent N....
The court ruled that searches conducted by unauthorized officers under the NDPS Act are illegal, warranting the grant of bail due to prolonged detention without trial.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
Strict adherence to the NDPS Act's provisions regarding search and seizure is essential; failure to comply can lead to the invalidation of evidence and grant of bail.
The court ruled that non-compliance with mandatory provisions of the NDPS Act can lead to bail being granted despite statutory restrictions.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The court ruled that unauthorized searches under the NDPS Act invalidate the evidence, warranting bail for the accused due to procedural non-compliance.
Commercial quantities of seized drugs trigger stricter requirements for bail under the NDPS Act; extension of investigation timelines unchallenged by the applicant limits judicial review.
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