Lalimiya Choudhury vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1599 Gua

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GAHC010035572017




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/5008/2017

         LALIMIYA CHOUDHURY
         S/O. LT. MANIRUDDIN CHOUDHURY, R/O. VILL. and P.O. BADRIPAR, P.S.
         SILCHAR, PIN-788009, DIST. CACHAR, ASSAM.



         VERSUS

         THE STATE OF ASSAM and 5 ORS
         REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, HOME DEPTT.,
         DISPUR, GUWAHATI-6.

         2:THE DIRECTOR GENERAL OF POLICE
         ASSAM

          ASSAM POLICE HEADQUARTERS
          B.K. KAKATI ROAD
          ULUBARI
          GUWAHATI-781007.

         3:ASSTT. INSPECTOR GENERAL OF POLICE A
         ASSAM

          ASSAM POLICE HEADQUARTERS
          ULUBARI
          GUWAHATI-7.

         4:COMMISSIONER OF POLICE
          GUWAHATI
         ASSAM.


         5:JOINT COMMISSIONER OF POLICE
          GUWAHATI
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             ASSAM.


            6:DY. COMMISSIONER OF POLICE ADMIN.
             GUWAHATI
            ASSAM

Advocate for the Petitioner   : MR.R BORAH

Advocate for the Respondent :




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

Date : 12.05.2022

Heard Mr. U.K. Nair, learned senior counsel for the petitioner as well as Mr. B.J. Talukdar, learned counsel for all the respondents.

The petitioner's case is that he has been dismissed from service on the basis of a Departmental Proceeding regarding recovery of .60 mg of brown sugar from him and .90 mg of heroin from the co-accused Salauddin Choudhury.

The petitioner's counsel submits that the FSL report, with regard to the drugs was never brought to the notice of the petitioner during the Departmental Proceeding. He also submits that the petitioner was not given the opportunity to cross examine the witnesses.

On perusing the Judgment dated 24.06.2019 passed by the Special Judge, Kamrup (M), Guwahati in ND&PS Case No. 27/2016, by which the petitioner has been acquitted of the charge under Section 21 A and 29 of the ND&PS Act, it is seen in paragraph Nos. 28 & 29 that 4 (four) samples of the seized drugs were Page No.# 3/3

sent to the FSL for examination, which are as follows:- 130 mg, 143 mg, 157 mg and 189 mg, thus, taking the total weight of the samples to be 6.19 grams. However, the total amount of seized drugs from the petitioner and the co- accused amounts to only 1.5 grams. As such, the respondents' counsel shall produce the seizure memo, with regard to Dispur P.S. Case No. 223/2016, on the basis of which ND&PS Case No. 27/2016 had been registered, to clarify the quantity of drugs recovered/seized.

The learned counsel for the respondents can also produce a photo-copy of the seizure memo and the Case Diary, to prove the quantity of drugs recovered from the petitioner and the co-accused.

List the matter again after 4 (four) weeks.

JUDGE

Comparing Assistant