ALI AHMED LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner- Sri Ali Ahmed Laskar @ Bablu Mulla, assailing the order dtd. 17/7/2021 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,

(3.) The petitioner claims that by the Judgment dtd. 28/8/2018 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 Sec. 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 on bail. It is submitted that insofar as Hailakandi P.S. Case No. 1151/2019 is concerned, which corresponds to Special (NDPS) Case No. 11/2019, the charge-sheet had been filed and the matter has proceeded to trial. Insofar as the Haila-kandi P.S. Case No. 509/2020 under Sec. 21(b) of NDPS Act, 1985 corresponding to Special (NDPS) Case No. 5/2020, the charge-sheet has not been filed till the date of filing of the writ petition.