Page No.# 1/3 GAHC010150932025 2025:GAU-AS:9146 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./822/2025 HEMO KANTA BORUAH S/O SRI KUKHESWAR BORUAH R/O VILL- PANITOLA GAON P.S. TINSUKIA DIST. TINSUKIA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI KANKANA SUTRADHAR WSI CHABUA POLICE STATION P.O. CHABUA P.S. CHABUA DIST DIBRUGARH ASSAM PIN-78618 Advocate for the Petitioner : MR. S ISLAM, MR S GOGOI,A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16-07-2025 Heard Mr. S. Islam, learned counsel appearing for the petitioner as well as Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. This is an application u/s 528 of BNSS, 2023, challenging the orders directing issue of non-bailable warrant of arrest against the present petitioner i.e. Hemo Kanta Boruah by the learned Additional Sessions Judge, Dibrugarh in NDPS Case No.27/2023. The petitioner has been shown as an absconder in the charge-sheet. The trial court directed issue of non-bailable warrant of arrest against him. The petitioner submits that he is interested in facing the trial. According to him, nothing was recovered from him. The petitioner submits that he should be given some opportunity to defend himself in the trial court. However, Mr. Goswami, learned Additional Public Prosecutor has objected to this bail application. I have considered the submissions made by the learned counsel of both sides. Since the petitioner is interested in facing the trial, he deserves to be given some opportunity to that effect. Therefore, all orders directing issue of non-bailable warrant of arrest against the present petitioner by the learned Additional Sessions Judge, Dibrugarh in NDPS Case No.27/2023 are set aside. Page No.# 3/3 The petitioner is directed to appear in the trial court within 15 days from today. 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 leaned Additional Sessions Judge, Dibrugarh. With the aforesaid directions, the present criminal petition is disposed of. JUDGE Comparing Assistant