Page No.# 1/2 GAHC010096782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./544/2025 ABUL HUSSAIN TAPADAR S/O- LATE MUJIBUR HUSSAIN TAPADAR. R/O- VILL- GANDHARBAKHANI PART-1, P.O- MULLAGANJ BAZAR, P.S- PATHARKANDI, DIST.- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, Z. HUSSAIN,MS G TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.05.2025 Heard the learned counsel Mr. H R Choudhury appearing for the petitioner. Also heard Mr.B Sarma, the learned Public Prosecutor appearing for the State of Assam. 2. This is an application u/s 528 of the BNSS, 2023 in respect of NDPS Case No. 60/2024 pending in the court of the learned Additional Sessions Judge, Sribhumi. 3. The present petitioner has been shown as absconder in the charge-sheet and therefore, Page No.# 2/2 the learned trial court issued Bailable Warrant of Arrest (BWA) against him. Therefore, he apprehends that if he appears before the trial court, he will be remanded to custody. Therefore he prays that he should be given adequate opportunity to that effect. 4. The prayer of the petitioner is allowed. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to that effect. Therefore, his petition is allowed. 7. In view of the above, the orders dated 04.01.2025 & 23.04.2025 passed by the learned Additional Sessions Judge, Sribhumi in respect of NDPS Case No. 60/2024 directing issue of BWA against Abul Hussain Tapadar are set aside. 8. It is hereby directed that the petitioner Abul Hussain Tapadar shall appear before the court of the learned Additional Sessions Judge, Sribhumi on 21.05.2025 in respect of NDPS Case No. 60/2024. On his appearance, the petitioner Abul Hussain Tapadar shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Sribhumi. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant