Abul Hussain vs The Union Of India
2025 Latest Caselaw 9567 Gua

Gauhati High Court

Abul Hussain vs The Union Of India on 15 December, 2025

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GAHC010199452025




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

                                  Case No. : Crl.A./349/2025

            ABUL HUSSAIN
            S/O. AKADDAS ALI, R/O. VILL.- FULERTAL, P/S. LAKHIPUR, DIST. CACHAR,
            ASSAM, PIN-788106

            VERSUS

            THE UNION OF INDIA
            REP. BY CUSTOM PREVENTIVE FORCE, SILCHAR, CACHAR, ASSAM


Advocate for the Petitioner   : MR. L R MAZUMDER, MR. A ISLAM

Advocate for the Respondent : SC, DRI, SC, DRI


                                   BEFORE
                   HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

                                          ORDER

15.12.2025

1. Heard Mr. L.R. Mazumder, learned counsel for the petitioner. Also heard Ms. N. Kakati, learned Standing Counsel for the DRI.

2. At the outset, learned counsel for the DRI submitted that instructions are still awaited in the matter and that she would require some time.

3. The learned counsel for the petitioner has drawn the attention of the Court to the statement recorded under Section 313 of the CrPC to contend that the Page No.# 2/3

answers given by the petitioner before the Court cannot be construed as a plea of guilt, particularly in serious offences such as those under the NDPS Act. He has further drawn attention to the impugned judgment dated 25.07.2025 and submitted that the sole basis for convicting the petitioner was the alleged plea of guilty.

4. The learned counsel for the petitioner has placed reliance on the judgment delivered by this Court in State of Mizoram vs. Ramengmawia , reported in (2006) 1 GLR 745, to contend that the answers given during examination under Section 313 CrPC cannot, in any manner, be termed as a plea of guilty. He has further submitted that the petitioner was never explained the consequences that might follow from his admission that he had allowed one of his acquaintances to keep a bag in his house, from which the alleged contraband was recovered.

5. The learned counsel for the petitioner submits that the extent of the petitioner's admission was only that he had permitted one of his acquaintances to keep a bag at his residence and that contraband was recovered from the said bag. Such admission, according to him, cannot be construed as an admission that the petitioner had knowledge of the contents of the bag or that he was in conscious possession of the contraband. He further submits that the petitioner was not given any opportunity to put forth his defence regarding the absence of conscious possession of the contraband.

6. This Court has perused the order dated 25.07.2025 as well as the statement recorded under Section 313 CrPC on the same day. Upon examination of the aforesaid documents, this Court is of the view that the statements so recorded do not inspire confidence to conclude that the Page No.# 3/3

petitioner had pleaded guilty to the offence under Section 22(c) of the NDPS Act.

7. In view of the above, and since no arguments to the contrary have been advanced by the learned Standing Counsel appearing for the DRI, this Court proceeds to set aside the finding of guilt recorded against the petitioner by the order dated 25.07.2025, insofar as it is based solely on the alleged plea of guilt.

8. Accordingly, the conviction and the sentence imposed by the orders dated 25.07.2025 and 30.07.2025 are set aside. The matter is remanded to the learned trial court to proceed with the trial afresh from the stage following the framing of charges.

9. It is directed that the petitioner shall approach the learned trial court with an application praying for bail within a period of 7 days from today, along with a certified copy of this order.

10. The learned trial court shall consider the application on its merits, taking into account any conditions necessary to ensure the petitioner's presence during the trial. The learned counsel for the petitioner has submitted that the petitioner did not misuse the privilege of bail granted earlier. This may be taken into consideration by the learned trial court while deciding the bail petition filed by the petitioner.

11. Accordingly, the Criminal Appeal is disposed of.

JUDGE

Comparing Assistant