Page No.# 1/3 GAHC010102472025 2025:GAU-AS:9260 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./828/2025 JAMIL HUSSAIN S/O- SABBIR AHMED. R/O- VILL.- SOUTH KEUTI. P.S.- PATHARKANDI, DIST.- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. 2:JOTISH KUMAR NATH. SUB- INSPECTOR OF POLICE (UB). I/C OF NAGRA PP P.S.- BAZARICHERRA. DIST.- SRIBHUMI ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, U U KHAN,MISS. P M AHMED,MR. A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.07.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, 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.74/2023, pending in the Court of the learned Sessions Judge, Karimganj. 3. On 21.12.2023, three persons were produced before the Trial Court as accused persons, the fourth name was of the present petitioner, i.e., Jamil Hussain. Since the petitioner Jamil Hussain has been shown as an absconder in the Charge- Sheet, the Trial Court straight way directed issue of non-bailable warrant of arrest against him. 4. Learned Additional Public Prosecutor submits that the petitioner did not co- operate with the investigation and, therefore, his case does not deserve to be considered by this Court. 5. I have considered the submissions made by learned counsel for both the sides. 6. This Court is of the opinion that issuing non-bailable warrant of arrest issued against the petitioner immediately after receiving the case record by Court is not justified in accordance with the procedure as laid down by law. 7. Therefore, the impugned order is bad in law. Page No.# 3/3 8. It is hereby directed that the petitioner, Jamil Hussain shall appear before the learned Sessions Judge, Karimganj in respect of Special NDPS Case No.74/2023, on 31.07.2025, on his appearance, the petitioner, Jamil Hussain shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Karimganj. 9. The petitioner is directed appear regularly before the Trial Court on each and every date of hearing, if he fails to do so without showing sufficient satisfactory reasons, the Trial Court shall have the liberty to procure his attendance by due process of law. 10. With the aforesaid direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant