Page No.# 1/3 GAHC010095682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./531/2025 EKBAL HUSSAIN TAPADAR S/O LATE ABDUL MONAF (FATHERS NAME SHOWN IN THE HARGE SHEET AS S/O LATE ABDUL MANOT TAPADAR) R/O VILL-NAIRGRAM P.S./P.O. KARIMGANJ DIST. SRIBHUMI(KARIMGANJ) VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JOTISH KUMAR NATH SUB INSPECTOR OF POLICE (UB)KALIGANJ WP/PP DIST. SRIBHUMI (KARIMGANJ) Advocate for the Petitioner : MR. M A CHOUDHURY, MISS. P M AHMED,MR A AHMED,U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.05.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Ms. N. Das, 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 Special NDPS Case No.95/2024, pending in the Court of learned Sessions Judge, Sribhumi. 3. The petitioner Ekbal Hussain Tapadar is shown as an absconder in the Charge- Sheet. There are another accused person in this case and the other accused person has already appeared in the Trial Court. 4. Learned counsel for the petitioner submits that the petitioner Ekbal Hussain Tapadar is interested in facing the trial and therefore he deserves to be given an opportunity. 5. According to the learned counsel for the petitioner, since the petitioner has been shown as an absconder in the Charge-Sheet, he might be remanded to custody, if he appear before the Trial court. 6. Learned counsel for the petitioner submits that if the present petitioner is given an opportunity to contest the case, the trial of the case would start because the other accused has already appeared. 7. I have considered the submissions made by learned counsel for both the sides. Page No.# 3/3 8. The application filed by the petitioner is allowed. 9. All warrant of arrest and P&A, if issued against the present petitioner in respect of Special NDPS Case No.95/2024 shall be recalled. 10. The petitioner Ekbal Hussain Tapadar is directed to appear before the learned Sessions Judge, Sribhumi in respect of Special NDPS Case No.95/2024 within next 10 (ten) days from today. 11. On his appearance, the petitioner shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Sribhumi, Assam. 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant