Page No.# 1/2 GAHC010130932025 2025:GAU-AS:9081 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./695/2025 NOIM UDDIN S/O ABDUL FATTAH R/O DEFALALA P.S. PATHARKANDI DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,S NAZNIN,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.07.2025 1. Heard Mr. I. Choudhury, learned counsel for the petitioner. Also heard Mr. M. 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.142/2022, arising out of Patharkandi P. S. Case No.234/2022, pending in the Court of learned Additional Sessions Judge, Karimganj. Page No.# 2/2 3. The petitioner Noim Uddin remained absent before the Trial Court after filing adjournment petitions. On 07.09.2024, he remained absent without any steps. Therefore the Trial Court directed issue of non-bailable warrant of arrest against him. 4. The petitioner submits that his lawyer could not take steps for his absence and, therefore, the Court had to issue non-bailable warrant of arrest against him. The petitioner submits that he wants to contest the case and, therefore, he should be given some opportunity to that effect. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given some opportunity to that effect. Therefore, the orders directing issue of non-bialable warrant of arrest against the present petitioner by the learned Additional Sessions Judge, Karimganj in Special NDPS Case No.142/2022 are set aside. 7. The petitioner Noim Uddin is directed to appear before the Trial Court on 20.08.2025. 8. He shall file a fresh bail application before the Trial Court and the Trial Court shall consider his bail application in accordance with the procedure as laid down by law. 9. With the aforesaid direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant