Page No.# 1/3 GAHC010110832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./617/2025 AINUL HOQUE SON OF TAFAJUL ALI R/O DEBOSTHAN P.S.MURAJHAR DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:RANJIT BURAGOHAIN SON OF GHANA KANTA BURAGOHAIN HOJAI POLICE STATION P.S. HOJAI DIST. HOJAI ASSA Advocate for the Petitioner : MR. S M MOLLAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 17.07.2025 Heard Mr. S.M. Mollah, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. This is an application u/s 528 of BNSS, 2023, against the orders passed by the learned Special Judge, Hojai, issuing non-bailable warrant of arrest against the present petitioner in Special NDPS Case No. 38(H)/2024. The petitioner has been shown as an absconder in the charge-sheet. Therefore, he apprehends that if he appears before the trial court, he will be remanded to custody. The petitioner has pleaded innocence and prays that he may be given adequate opportunity to contest the case. Mr. Goswami has objected to this bail application on the ground that commercial narcotic drugs were recovered in this case and the petitioner did not co-operate with the Investigation Officer. I have considered the submissions made by the learned counsel on both sides. Since the petitioner has expressed intention to contest the case, this Court is of the opinion that the petitioner deserves to be given adequate opportunity to that effect. Therefore, all orders directing issue of non-bailable warrant of arrest against the present petitioner are set aside. The petitioner Ainul Hoque is directed to appear before the Court of learned Special Judge, Hojai, in respect of Special NDPS Case No. 38(H)/2024 within next 10 days from today. Page No.# 3/3 On his appearance, he shall be released on bail of Rs.25,000/- (Rupees twenty five thousand only) with a surety of like amount to the satisfaction of the learned Special Judge, Hojai. The petitioner shall regularly appear before the trial court at the time of hearing, if the petitioner fails to do so without showing satisfactory reasons, the trial court shall have the liberty to procure his attendance. With the aforesaid directions, the present criminal petition is disposed of. JUDGE Comparing Assistant