Page No.# 1/3 GAHC010085182025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./467/2025 JIAUL HUSSAIN BARBHUIYA @ ZIAUL HUSSAIN BARBHUIYA SON OF RABIJUL ALI BARBHUIYA, RESIDENT OF VILLAGE BAURIKANDI PART- II, P.S. KACHUDARAM, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MS. J GHOSH,MS. U NANDA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.05.2025 1. Heard Mr. P. K. Roychoudhury, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of the NDPS Case No.83/2024, pending in the Court of the learned Additional District and Sessions Judge (FTC), Cachar, Silchar. Page No.# 2/3 3. The petitioner Jiaul Hussain Barbhuiya @ Ziaul Hussain Barbhuiya has been shown as an absconder in the Charge-Sheet therefore the court below issued warrant of arrest as well as P&A against him. 4. The petitioner has been suffering from medical problems, he is now interested in facing the trial and prays that he may be given some opportunity to contest the case. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioner is interested in facing the trial, for the ends of justice he deserves to be given adequate opportunity to that effect. 7. The prayer made by the petitioner is allowed. 8. All orders directing issue of non-bailable warrant of arrest against the present petitioner Jiaul Hussain Barbhuiya @ Ziaul Hussain Barbhuiya by the learned Additional District and Sessions Judge (FTC), Cachar, Silchar in NDPS Case No.83/2024 are set aside. 9. The warrant of arrest, if issued, shall be recalled. 10. The petitioner Jiaul Hussain Barbhuiya @ Ziaul Hussain Barbhuiya is directed to appear before the Court of learned Additional District and Sessions Judge (FTC), Cachar, Silchar in connection with NDPS Case No.83/2024 within next 15(fifteen) days from today. 11. On his appearance, the petitioner Jiaul Hussain Barbhuiya @ Ziaul Hussain Barbhuiya shall be released on fresh bail of Rs.25,000/- with a surety of like amount to Page No.# 3/3 the satisfaction of the learned Additional District and Sessions Judge (FTC), Cachar, Assam. 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant