Page No.# 1/3 GAHC010089752025 2025:GAU-AS:5251 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./491/2025 BINA SHAKA @ PARBIN AND ANR W/O- TUTBUR RAHMAN, R/O- VILL- HAMINDPUR, SUTARKANDI, PS- KARIMGANJ, DIST- SRIBHUMI, (KARIMGANJ) ASSAM 2: TUTUBUR RAHMAN CHOUDHURY S/O- ATAUR RAHMAN R/O- VILL- HAMINDPUR SUTARKANDI PS- KARIMGANJ DIST- SRIBHUMI (KARIMGANJ) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM 2:SUJIT SINHA SUB-INSPECTOR OF POLICE NILAMBAZAR POLICE STATION DIST- SRIBHUMI(KARIMGANJ Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.04.2025 Heard Mr. A. Ahmed, learned counsel appearing for the petitioners and Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2) This is an application under Section 528 of the BNSS, 2023 in respect of Special NDPS Case No. 46/2024 pending in the Court of learned Additional Sessions Judge, Karimganj. 3) The two present petitioners are shown as absconders in the charge sheet and they apprehend that if they appear before the Trial Court, they will be remanded back to custody. 4) Mr. Baishya, learned APP, Assam has pointed out that a commercial quantity of Narcotic drugs were recovered from the possession of the two petitioners. 5) Mr. Ahmed, learned counsel for the petitioners submits that the petitioners are interested in facing the trial and therefore, they should be given one opportunity to that regard. 6) I have considered the submissions made by the learned counsels of both sides. 7) Since the petitioners are interested in facing the trial, this Court is of the opinion that they should be given one opportunity to that effect. Therefore, their application is allowed. 8) The petitioners Bina Shaka @ Parbin and Tutubur Rahman Choudhury are directed to appear before the Trial Court of learned Additional Sessions Judge, Sribhumi, Karimganj in respect of Special NDPS Case No. 46/2024 within next 10 days from today. 9) On their appearance, both of them shall be released on bail of Rs. 25,000/- each, with a surety of the like amount, to the satisfaction of the learned Additional Sessions Judge, Page No.# 3/3 Sribhumi, Karimganj. 10) With the aforesaid direction, this criminal petition is disposed of. JUDGE Comparing Assistant